The Constant Man's Character. Intended to be sent first as a LETTER FROM A Gentleman in the Country, to a Gentleman his esteemed Friend and Countryman, a Member of the House of Commons. Since enlarged into a DISCOURSE by way of humble ADVICE to keep him from Revolting, either directly or collaterally by the side-wind of being Presbyterially affected, through the mistaken and unhappy conceit, That those who have taken the Covenant, cannot without breach of the same, assent and submit unto the late proceed of the Parliament, when as the parts of the Covenant seem to be inconsistent within themselves, as the Author's Observations here discoursed do manifest. The Scope whereof is 1 Historically to set down the Occasion and Beginnings of the War. 2 To show That the Parliament had no intention to levy a War. 3 That the Book called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is probably none of the King's. 4 To prove the fitness and necessity (as matters now stand) of complying with, and submitting unto this present Government. For the Powers that be are Ordained of God, Rom. 13. Together With some Animadversions incident hereunto on the same Book, and on the two Declarations, entitled The Declarations of the Lords and Commons assembled in Parliament at OXFORD. The One touching a Treaty for Peace, Printed there, 1643. Other concerning their Endeavours for Peace. Printed at London for Giles Calvert at the Black Spread-Eagle, near the West End of Paul's. 1649. Reader, THis Letter, rather this Narration, is founded on a Discourse had betwixt two Gentlemen; the one unto whom it was written, having the abler parts of Wit and Speech: the other, the Writer, having the juster cause, or at least he judged it so; the weakness of whose judgement may indeed be an Objection against the credit of the Work, there being three means only whereby to discern and report a Truth, Judgement, Knowledge, Conscience; the two first (Judgement, Knowledge in State-affairs) the Author may be defective in the strength thereof; notwithstanding, in that he is neither engaged against the one, nor obliged to the other Party, other wise then by a common duty, his judgement may seem the more right and clear by reason his Obligations are the less, wherefore that which may be said in his behalf is, That the Conscience and upright Truth, by which he hath measured what he hath written, is free from Faction or Partiality. The danger whereunto a Writer in Divided and Seditious Times exposeth himself, is known unto all men; when whatsoever is received with Applause or Liking by the one, is therefore rejected with Despite and Scorn by the other side. The Promise and * See the Protestation taken, May, 1641. where the Protesters Vow by all good ways and means to bring to condign Punishment all such as shall by Force, Practice, Counsels, Plots and Conspiracies, or otherwise do any thing to the contrary in this Protestation; and further that he shall in all just ways endeavour to preserve the Union and Peace betwixt the three Kingdoms, etc. Protestation made to Endeavour by all just ways, outweighs the Danger. In this Discourse he arrogates nothing to himself, but an even and true delivery of what he hath observed and is well known, much less doth he think his strength or skill, enough to help either side to Victory: but according to his weak and spent abilities to endeavour the restoring the three Nations to their former Peace, their mutual Interests and Rights, unto which the only and next way is, to deliver and uprightly to set down the truth. A more able Penman may show it more excellently, None can show a more excellent way. The Constant Man's Character. SIR, I Know not how this Discourse may relish, assure yourself, sent from the hand and heart of him who loves and honours you; howbeit wise men leaning on their own wisdoms, and sacrificing too much peradventure to their own Net, commonly neither need nor care for the affections of their weaker friends. What I am in relation unto you, or in the rank of them, is known to those who know us both; what in myself, I am conscious of wanting Experience and Learning to derive any knowledge from antiquated Times or Histories, for the fashioning this into an elegant and polite work, but in a downright way to fall on, familiarly and plainly to set down the beginnings and first entrance into this present War; which when it first broke out, that the Gentlemen of this County did declare themselves unto what Party they would adhere, Two eminent Leaders on the Parliaments side, Sir R. C. and yourself, outweighing, as we judged, so many more of the opposite Party, did seem to join and go one way for the Privileges of that Court, and the Subject's Liberties; The infringing which, added to some late Jealousies, was the first Ascent to these Divisions; how, and by what degrees it went higher, follows in this Discourse. In your resenting which, He as a Member of the House, You as a Patriot of the Country, We could not think Ye did it in a light, Factious or Seditious way, but as having seriously weighed, and by your Readins even before and since the beginning of this War known, That the Institution of Parliaments was had and made by an Ancient, Necessary, and wholesome Law, That the Power, Privileges, and Authority thereof were to be kept inviolable and entire, That as to this present Parliament, the King Himself in a See His Answer to a Declaration from both Houses in May 1642. His Answer to a Declaration sent Him from both Houses of Lords and Commons, doth confess and allow Them a full and juridical power to judge and determine the most doubtful, high and weightiest Crimes and Causes, although He seems to limit it by particular Cases, & regularly brought before them; acknowledging withal (together with the b See the Declaration of the Lords & Commons assembled in Parliament (as they called it) at Oxford, 1643. Pa. 12. Lords and Commons assembled at Oxford) The Privilege of Parliament to be so substantial and entire a Right, that the Invasion of the Liberties of either House, is an Injury to the other, and to the whole Kingdom. In several His Messages returned unto their Propositions, He repeats and confirms the same judgement of their full and ample Power, being legally summoned, and By a Law consented unto by Him in full Parliament, not to be dissolved, unless by their own consent. Notwithstanding which, several attempts of force and violence were offered, as far as His Party's Power could extend itself, to the dissolving it, by contending to divide and scatter Them, accusing the remaining part of the Members sitting in the House of being Rebels, so being divided, to account no other of the Parliament at Westminster, than He doth of the Parliament in Scotland, a In His Declaration concerning His Proceed with His Subjects of Scotland, since the Pacification in the Camp near Berwick, printed 1640. pa. 38. The divided Members of that distracted Parliamentary Body remaining at Edinburgh. So that as to the Parliament of England, it must be confessed, that He meant not what He expressed in allowing that Latitude of Power, or that His Party hath since prevailed with Him to renounce that judgement which He declared to have had of Them, That the contentions at the first sitting of the House were, upon the point, about matters of Fact, what things were done, what attempted to be done, how the King and His Ministers of Justice had demeaned themselves since the beginning of His Reign, how many Oppressions of several kinds had been offered by them, how they had offended against the Known and Fundamental Laws in an Arbitrary way of Government; The Question then tacitly disputed in all men's hearts, betwixt Those who would that He should go on to do what He pleased, and Those who contended to have Him govern according to the Laws, Whether there were any Power in being to emulate and check a King's, except a Parliaments? That this Parliament in contending to maintain the one against the other, was interrupted and opposed, and as the Scots aver, b See the Scots Remonstrance, 1640. cited by M. Tho. May, in his History of the Parliament of England, written 1647. For no other reason called, then to give the King relief and aid against their coming into England; on which grounds they sent to the Parliament of England a Justification of their proceed, entreating Them to be wary in vindicating their own Laws and Liberties, to frustrate the Designs of those Evil Counselors, who had procured this Parliament for no other end, then to arm the King with warlike supplies against His Scottish Subjects, and by that War to enslave, if not to ruin both Nations. That after many violations and dissolutions of Parliaments in England, This was not to redress Grievances, but to be so overreached, if They were not careful and courageous, that no possibility should be left for the future redressing any; That so dangerous Practices might be well suspected, when at the same time a Parliament was denied to Scotland, although promised on the word of a King, granted to England when not expected, and obtruded upon Ireland when not desired. The Rise of all which was from the Anger which the Scots knew the King conceived against them for some particular acts of theirs, charged with disloyalty: as That they refused and declared (amongst other matters) against His Messages sent them to receive the Service Book obtruded on them; for which, as for Vindicating themselves from the like charged Disloyalties, they were Accused by the King to have wrote a a Cited and complained of by the King in the same Declaration against His Scottish Subjects, for inviting Foreign Powers into this Kingdom Pag. 56, 57 See the Letter itself in the same Declaration, Signed by seven of the principal of the Nobility of Scotland. Letter to the King of France, imploring His Protection, as weary of their Obedience to their own King. For which disloyal Letter (as it was termed) a chief b The Lord Louden. See in his Answer his prudent excuse. Peer of theirs was imprisoned, and condemned to die; That the Pacification had and made to take away all differences past, and which might ensue betwixt the King, the English and the Scots, by the prudent and joint advice of a select Committee of English and Scottish Lords, as to remove all jealousies betwixt both Nations, was soon after it was made, scorned and slighted: The Scots then complaining in their Informations made unto the See the same Book. English their Friends and Brethren, of many injuries they had received since the Pacification made, and contrary to that Agreement, This the Condition then of the Scots: These the very words of their Remonstrance, That the Union and Brotherly League entered into by both Nations, was in the King's Indignation no otherwise construed then an Invitation in the One, and Invasion of a See the King's account of them, how in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He keeps it in memory, That they were the first that began His troubles, in the Treatise of His leaving Oxford, and going to the Scots, and elsewhere in several places of that Book. Also in the Declaration printed on the King's behalf at Oxford, 1643. Page 23. Suggesting an intent in them to confound the Government, and alter the Laws of England, p. 28. The marquis of Montrosse declareth how they began His Troubles (viz.) by dispersing their Apologetical Pamphlets, as he terms them, through great Britain, before the troubles began, and before their coming with an Army into England. See a Book entitled, The History of His Majesty's Affairs under the Conduct of the marquis in the years 1644, 1645, 1646. Page 3. Foreigners in the other Nation; and howsoever the Charge in the seven Articles exhibited against the six Members of both Houses was laid to those few only, yet probably it had reached many other of the English Nation, had not the first assault of Violence in the King's Party miscarried as it did. So many sad and direful notes could not but portend a War against one, or both Nations, as Time and Opportunity should best serve to manage the Design in hand, or else the Parliament knowing themselves to be a free and full Convention, in all parts a Parliament, both in the Substance and Form (Summoned by the King's Writ to meet, etc.) as in the Circumstance of Time and Place, must submit to the Will and Pleasure of an b Amongst other motives to His anger, about the E. of Strafford's death, which whether He would have avenged on the Party who condemned him, may be guessed at, in that He, or an unknown Author in His name, several times reputes the injustice of that act, How Himself was forced to yield compliance: for which sin, as He mentions it, He and His Kingdoms have felt long, great, and heavy troubles. See the same Book, in the Treatise concerning the E. of Strafford: and the Marq. of Montrosse his Declaration, set forth 1649. aggravating the same, to incense the King and His Party against the Scots, expressing in it their disloyal practices, breach of Duty, Covenants, calling them Traitors, etc. incensed King: So to be Dissolved or Awed at pleasure, or to have Boundaries put upon their Acts and Counsels by such as they knew to be corrupt, and would have removed from the King, To the end His Throne might be established: That in this agony and doubt, whether They should Submit, Desist, or Act according to their Trust, they thought it nearly land necessarily concerned them to provide for the public welfare, for their own and the Kingdom's safety, some of their Members being impeached and charged, two Kingdoms provoked and menaced, the a See the King's grateful acknowledgement of the affection and loyalty of His Irish Subjects, in offering to supply Him with Preparations, etc. together with their Persons and Estates, even to the uttermost of their ability, to reduce His dis-affected Subjects of Scotland to their obedience; desiring withal, It may be recorded as an Ordinance of Parliament, and to be printed as a testimony of their Loyalty to all the world, and to succeeding ages; which could not but stir up the Scots to seek protection and assistance from their fellow-Subjects and Friends wheresoever; whom the King called His dis-affected Subjects, and how He doth secern them from the rest, is hard to judge; when as the whole and most considerable part of that Kingdom did by their Pacts and Counsels at their Assemblies held, withstand and resolve to withstand divers of His Messages, obtruding on them such matters as made against the Peace of their Church and Kingdom. See His Declaration since the Pacification. Page 63. third also likely to bear a part in the broils of the other two, the King Himself jealous and displeased to see the Parliament, then at distance with Him in transaction of matters concerning the three Kingdoms, Petitioned and Appealed unto (termed in an envious and scornful way by some of His Party, Omnipotent; Others murmuringly upbraiding that it was Idolised) Himself as it were neglected and left out, none or seldom Addresses made to Him. So the Parliament had a narrow path to tread between their hopes to regain the King's lost Favour, after many evidences of His Anger poured forth, and their hazarding the ruin of those Principles which by their Duty and Covenant they were to assert and defend: What those Principles were, follows in this Discourse; if rightly cast up, but two in chief, The securing the Protestant Religion, the Primum quaerite, The preserving the Laws and Peace, b Suprema Lex, salus Populi. the chiefest Law, the People's Safety: The other Principles are subservient only, and fall in by complication and dependency upon those two, as the means unto the end. Lastly, Sir, That this Parliament thus acting, You strenuously argued, as knowing well that their Cause was just, their War Defensive, when another a Mr. Denz. Hollis his Speech, June 1642. Gentleman of the like abilities with you, had in an excellent Speech delivered to that purpose, That there was a succession of Designs to interrupt it; as first by awing and taking away the Freedom of it by an Army: then, actually assaulting it, and with the Sword to cut asunder the only Nerves which strengthens and knits together the King and People, the People amongst themselves, and the whole frame of Government in one firm and indissoluble knot of Peace and Unity. That the Parliaments taking up Arms was to defend only, to repel the force and violence practised by a few of the King's side at first, afterwards to provide against the mischief which His party heightened through Rage against the Parliament, pretence of Loyalty towards the King, might several ways intent. That the Parliaments resisting His and His Party's attempts, was, as you then judged and discoursed, for no other end, then to maintain their own just Privileges, in order to the Maintenance of the Laws and Liberties of their fellow Subjects: That they did not intent an offensive War, the consequences whereof, as of all Civil Discords, could not but prove calamitous and sad, the event and period as fatal and uncertain, when as besides the two Parties immediately engaged each against the other, a middle and Neutral part, although wiser in their own eyes then their Fellow Subjects, worse (as well in the b See the Declaration of the Lords and Commons assembled at Oxford, Printed there, pag. 26, 27. King's Parties Account as in the Parliaments) would fall in, more to be shunned then a moderate Enemy. That it being presumed the aim and counsels of the Parliament and all men else being for Peace and Justice, a War once waged would hinder and destroy their aims, and produce more overtures for discord, more fresh supplies for quarrelling; in the prosecuting which, many unexpected chances would fall out to increase the discord, as in the controversies between man and man, he who hath not been so forward and visibly active for the side unto which he doth adhere, shall be traduced and accused by him that loves him not, for a Neutral or an Enemy. That amidst their hopes of Conquering, there would not be wanting discontented and seditious humours, even out of their own Party, to traduce and calumniate their proceed, if not consonant to their particular humours and fantasies; That those humours would be fed and animated by the first and common Enemy on purpose to divide and weaken the prevailing Power: That divers other Consequences likely to result from War, would prove harsh and irksome to a People born and governed under Laws and Peace, as that the Soldiery and prevailing power, knowing their own opportunity and strength, would be apt to intermeddle with private Interests, to the perverting Justice and trampling down the Laws, which in a time of Peace distributes to every man his just right, so that thereby the People would not only want the blessing of Peace, but grow subject to the oppression, charges and injuries incident to a War. The Parliament could not but foresee that in case a War were to be waged, their own Countrymen, the English (both Officers and Common Soldiers) must fight it out: Foreigners, Soldiers of Fortune when they have gained, will desist their undertake and be gone. That the English were unaccustomed to war, therefore not fit for the Discipline and managing thereof, through an easy and soft way of breeding not able to endure the hardship and duties of a War, howbeit experience hath otherwise proved it. That the English Gallantry and their courage, un-acquainted with the conditions of a Warfare and the temper requisite to a Soldier, might make them upon every discontent as apt to mutiny and resist, as fight; for he is not always the best Soldier who hath most courage, unless he hath temper withal to yield obedience to the commands of his Superiors. The Parliament could not but be sensible withal of the troubled condition of their fellow Subjects, that the apprehension of Engaging would carry with it a sad aspect, all men unwilling to, and wary how they did Engage. That the engaging Parties on either side when they see the face of War inevitably approaching would for their better strength and Union betake themselves to what Policy, Pacts and Leagues they could, Defensive and Offensive, as to bind themselves and friends by Vow and Covenant; which being to consist of several Heads and Parts, could not be so exactly and entirely framed, but might admit of a doubtful sense, how to be be observed, how to be understood, in part or in the whole, so consequently divide the Covenanters within themselves. They could not but withal know, that which side soever should prevail, both sides would be loser's, the King and Kingdom vast a See it recited in the Declaration Printed at Oxford 1643 pag. 13. sufferers in the loss; as they in an humble & dutiful Message, although contrariwise interpreted, did in the sadness of their hearts foretell the King. That in this War, the prevailing power would be to seek (to carry an even and well tempered hand) how to deal with the vanquished their own Countrymen and mistaken fellow-Subjects (for 'twas a Misunderstanding which first made the rent, Scorn to acknowledge and retract their Error, widened and continued it) for if they did inflict too heavy a punishment, either pecuniary by Mulct or corporal by Imprisonment, 'twould seem unjust and harsh from the Conqueror being of their own Nation, and keep off the hopes of reconcilement and reunion: if too gentle and remiss, 'twould leave and allow the Conquered a Power & means of recovering their strength again. So that the War, from revenge on the one or from hopes on the other side, would continue till all were lost, or the Conquered perchance become the conquerors. That there would not want Plots and Stratagems to interrupt and destroy their hopes of prevailing and success, as, whilst they sat solicitous and intentive to their Counsels, there would be offered to them Foreign Tenders from abroad, private Addresses here at home, all from the same dis-affected and troubled Fountain, in matters concerning which they haply might have neither Power nor Connuzance, to take up their thoughts and divert their Counsels, to retard and hinder their success. That, above all, in the doubtful events of War, as it was likely to fall out betwixt Persons offending on the one part hating to be Reform, and a Court of Parliament on the other a Edw. 3. cap. 25. chosen and set apart to redress Grievances in a Commonwealth, Offenders would apply themselves for refuge to the King a Supreme power, which if He did protect ( b Mr. John Heywood on the life of Hen. 4. making thereby the Offenders faults His own) would without dispute revert to His Dishonour, and consequently beget a Jealousy and Difference betwixt Him and His People; which if the Parliament should take ill His protecting them, there would issue a Contest preparatory to a War; Thence if the King engaged and the Parliament resist or fight, They could not hope if they were subdued, to avoid the Charge of High-Treason, nor think it an easy thing in the first beginnings of their strength, to prove Conquerors over a King seated a long time in an Ancient Monarchy, invested with many advantages of Power and guarded with Courtiers, Friends of all sorts, Servants, Favourites, all of which had their Retinue also and Train of Friends to assist, in case of needing such. That if the Parliament, notwithstanding, should prevail, they would and must to keep up their Power, lay Taxes and Payments on the People, who when the War did but seem, or was near at an end, their Complaints would be, and they repiningly murmur [The War is ended, the Taxes and Payments yet continued] not considering, That it is of as great concernment to keep as to gain a Victory, when as the Parliament in case of their prevailing were to weigh withal the Doubts and Dangers attending them, the Care Jealousy and Fears, which no men but would avoid the troubles of, and such as They must be subject to until a Conquest fully had: the Cares against the surprisal and Treacheries of their Enemy, the Jealousy of Friends proving false or falling off, the Fears of losing what they should gain, all these being passive, more pensive and anxious, than the Hopes of the Adverse Part, Fears more deeply seizing and disquieting the Conquerour's Spirits (especially whilst their Victory is accompanied with study and thoughts of mercy towards the Conquered) Hopes in the vanquished being more bold and active, raising thoughts working still how to recover what they have lost, That Foreign Enemies as well as homebred are to be provided against, Nor foreseeing the danger which might befall in case the Enemy should regain a Power. That a Conqueror would be held at the best but an usurper for the time. That all Disasters and Evils happening, whether as Judgements from above, as Sickness, Famine and the like, whether Oppressions and wrong do here on earth, what Enormities and Errors committed or suffered either in Church or State, all to be laid to the charge of the present Power, which governs and rules no better in the People's account and murmur. That thence they reckon all the Disasters of the War to flow, not looking on the first Occasion and Authors of the War, That when a Victory shall be gained which a Victoria naturâ insolent & superba est. Cicero. naturally is proud and insolent, and by Pride comes Contentions, Emulations and Variances in Actions as well as in Opinions, the Conquerour's strength would be thereby weakened, and thence in danger to be lost. That until a complete and total Conquest made, which could not be without much pressure and heavy sufferings on the vanquished, without charge and payments laid on all, Enemies, Friends (Enemies in being Fined for their Delinquency, Friend's burdened by reason of their Expense and charge in the Public Service) an Army was to be continued and maintained to prevent Insurrections here at home, Inroads and Invasions from abroad. That an Army was to consist of multitudes of Soldiers, those multitudes would have their several humours and opinions tending to Division, consequently to the destruction and ruin of the whole. That without an extraordinaty care to please and satisfy them in their demands, there would be Mutinying, Revolting and Inconstancy in the common Soldiery, for want of judgement to discern for what they fought. That there are to be Agents and Officers belonging to and providing for an Army, Receivers, Expenditors, Treasurers, others too many to be here recited, who in troubled Waters will bring into their private Bank what is to be raised for the Public use, or at least the People jealous will surmise as much, and that the War and Calamities thereof are protracted through their corruption and privy gainings. That if the Conquerour's Power shall at any time abate, before a full and total Conquest made, he will be to seek what course to take to increase it again: Forcing and Impressing men to fight in a Cause so intricate (as unto some it seemed then, and for a long time controverted as this hath been) will prove harsh and irksome, and will meet with resistance in a People made and born free. That in the Confusions of a Civil war many Dissensions and Emulations upon true or misapprehended grounds would fall out amongst the Orders and Ranks of men, to disturb and overthrow the Degrees and Dependencies each on other according to their several & respective Qualities, which the Parliament could not but foresee, and therefore in their Prudence and for the maintenance of the Peace and Unity, would attempt nothing to the begetting such Strifes or Disorders in a Commonwealth. Amongst the rest, That Divisions and Envyings would in all likelihood happen through a Misconceiving, that between the Gentry and Nobility on the one side being in the next rank unto the King, and therefore likely to adhere to Him, and the Commonalty on the other, sticking fast to their native Liberties which the King had of late encroached upon, not sparing the other's also, an Emulation might or would be kindled by the Common Enemy to beget an universal Distraction and Division between two great Bodies (the Gentry and Nobility on the One, and the Commonalty on the Other side) before a deliberate & true examining the misunderstanding, which the heat of War would scarce give leave unto, should set it aright. These Reasons throughly weighted could not but induce the Parliament to decline a war, yea deter Them from levying one: These might withal, together with many more which might be added hereunto, imprint in you and in all men else, who shall impartially look into the beginnings and progress of this War, an undoubted knowledge of the Parliaments just Actings, and these Reasons of Foresight together with what hath past, might satisfy all knowing and discerning men, that if the Parliament did intent to levy a War against the King's Evil Counselors, the kingdom's a K. James his Speech in Parliament, 1609. Pests and Vipers rather Than they would be born down in their just defence, They did not intent to levy one against the King, who had as many Friends to adhere unto, as the Parliament had Enemies of many sorts, Offenders, Interested and obnoxious persons to confront and oppose them. But. I may spare the pains of setting forth what your own Prudence hath foreseen, and your Actions have thitherto directed you. For Sir R. C. his sake and yours, rather through the same motions of Conscience, Judgement, many other Gentlemen of quality did take part with ye. Before and after his untimely death you carried us on in an active constancy, challenging about seven years since, (when the King began to make Oxford a Garrison) some Travellers of His Party and enquiring whether they went, they confessed to Oxford, and their errand, You roughly replied ['Twas they and such as they that did take part with the King against His Parliament and People,] [That they did magnify the King, etc. to beget and foment a War.] A little before, you with many other Gentlemen of the three neighbouring Counties, did enter into an Association for a jointly defending one another. If the Enemy shall prevail, whether it will be Treason for what is past, or made so for the time to come, I argue not, but remember well how criminal and Traitorous the King's Friends have reported it. About six years since, the Enemy growing powerful in these parts, and Bristol being gained by Him, you lived within His Quarters, bound by strong obligation not to departed but to be limited to a Summons. The King soon after He had taken that City, came thither to compose the difference between Prince Rupert and the Earl of Hartford about the Governourship of that Place, He had then amongst other things, a survey of the Gentlemen dwelling near and their affections, casting and examining with His Friends there who might be for, who against Him; some of His Courtiers undertook for this, some for that Gentleman and Neighbour. A great Courtier a Friend of yours undertook or moved His Majesty on your behalf, whereunto the King having been belike possessed before with an ill opinion of you, replied with harsh and disgraceful words, as I have credibly heard, against your person; which 'tis presumed He could not charge you with, from any immediate or near notice He had of you, but as you were represented unto Him by some who loved you not. He nevertheless, whether out of His indulgence to gain you unto His Party or to Try you after, when He had made sure His Conquest, your name being in the Catalogue of this County Rebels, the a Lent Assizes appointed to be held at Tewksbury, April 11. 1643. Time and Place appointed for your Trial, was content to preserve you from being undone being then at His mercy: What use might be made of His sparing you, you knew best. Two years after, Bristol was got from Him, much of which service attributed unto you, with some other Gentlemen of the Neighbourhood, leading up the Countrymen unto the Siege thereof, the Lord General then and afterwards giving you applause for that your aid. About three years since, you caused divers Meetings to be had in several Towns near unto us, where the Countrymen were summoned to declare what Arms they had, whatsoever the pretence was in looking into the Book, which the Parishioners do keep for such their Poor as are relievable by a Statute-Law, and taking care for them, examining the estates of such as were of ability to relieve the Poor, of such as were fit and best able to be at the charge of Arms for the repulsing Soldiers, in case they came on the sudden to quarter below-hill or to do other violence, then to return up hill to their friends who might assist them (such was the condition of these and the adjacent parts, where Parties were scattered up and down, the Parliament having friends in these enclosed and nearer Parts, the King in the Champeign, and not far distant from us) yet you, myself, and the Countrymen, knew we had another and more uniform aim of preventing sudden incursions, which the King's Party (many of them being Gentlemen and well horsed) might offer unto our Neighbours. Not long after, you were chosen to be our Knight for the County, in the competition of which place, myself, your servant, was sedulous and successful to take off all blemishes then thrown on you by those who laboured as much to fill the County-Court with the noise of your being for the King. Soon after that, you were challenged by a * Sir J. H. fellow-Member sitting in the House of Parliament, to be within one of the Qualifications which renders men Delinquents; Notwithstanding which, you Sat, Voted, and were Trusted in the House; At several meetings you enforced such Arguments against the King's Party, and for the Parliaments, You have them yet in your breast, and can deal at single hand with any of the opposite Party, if affection, importunity, and often dropping strange inventions into your ears shall not mislead you, that you satisfied the hearers, and even convinced them, had they been convincible. Since that, upon the newly hatched, and easy to be reconciled Difference between the Presbyterian and Independent, you received a Letter from your Servant, mentioning the probability of the Armies advance in or about July was twelve month, towards London, in that Letter setting forth, That neither of those two Tenants of Presbyterian, Independent, had taken as yet such root, as to beget a quarrel, to the overthrow of both upon their Conquering, which I rather think to be an event of their good success, then from any self-wilfull-humour, many of them on either part being sober and discerning Gentlemen, and if throughly weighed, what is like to be the issue of this new subdivision? That for the dissentings sake of three or four Gentlemen (you will not grant that there are many whom you think to have been forward to lead on a Party) for whose known valour, whose many continued and successful achievements in this War, bringing ye to this plenitude of Power, you may easily dispense with them for one puny error in Opinion, that I say the People must embroil in a second War, about terms merely notional, about opinions strange and unknown to them: In the first War they knew for whom they fought (for the King, or for the Parliament) about a Form of Government, which hath not, nor can take deep root, until the War, which confounds & overthrows all Government, be ended. The direct and certain Issue in the Trial of the Contention was, Whether the King having by His Creatures actually invaded the Subject's Liberties (the other differences in Church and State are collateral, accidentally emergent out of the grand Difference about the first and more principal, the Subject's Liberty:) The Court of Parliament should sit as Sceptics, to look on only, without purposing, or endeavouring to redress the same, or to be confined in their Counsels, as their Enemies should prescribe, or, the extremest of all, so driven to new Counsels, to extraordinary high and severe proceed, to seldom practised and unheard of courses, the passages and quality of the Persons with whom they had to deal, being weighed withal, as where the Disease is imminently dangerous, the mischief desperate, the Cure must be answerable, or the whole Body perish for want of a timely and prudent remedy to be applied. Your actions, Sir, if rigid and severe, as to your Enemies, if variable and uncertain, as to yourselves, may in these straits and exigencies whereunto Ye are driven and forced for safety, be dispensed with. It seems to far with Ye, as with Seafaring men in a boisterous storm, who are feign to steer their vessel which way they may best secure their Fraught and Charge, sometimes Northerly, sometimes plain North, sometimes Northwest, sometimes North-east, sometimes plain South, sometimes North again, so from one cross point to another, having still the Harbour and End of their voyage in their eye; So with Ye, encountering with such uncertainty and variety of oppositions from your Enemies (yet all meeting in one Centre, to the subversion of your Power and strength) such Nonconformity and Dissension, even amongst yourselves and friends, that ye cannot as yet act within a direct, certain, and constant compass, to please all Looker's on, yet your aim and end may be one and the same, the supremest Law, the People's * Nulla tam sancta Lex est, quam non opporteat, si salus Populi postulet, urgeatque necessitas, muta●●. Bodin. lib. 4. de Repub. Safety. Wherein, if ye shall fail, or not able to make good your undertake, We know by a seven years since experience, how barbarously and cruelly your Enemy's malice did show itself against ye, as being Rebels, in case they shall recover their Power again, how a desperate revenge added to, will second their first and furious cruelty, and to crown their glory, as for the better exalting their pretence, they shall impute it unto God's justice, saying [It is the Lords doing, it may be his suffering it through your Divisions, and it is marvellous in our eyes that he hath wrested the Sword out of our Enemy's hands, and put it into ours, for no man they will say can think that Rebellion shall for ever pass unpunished] Then when they have regained their Power, they will not want Arguments from their own, as from a Neutral part siding with them upon their conquering, to bring whom they please within the compass of Treason and Rebellion, and to make your * See your Remonstrance, 1647. Persons and your Acts their sport and scorn, those Proclamations of the King's, lately proscribing and accusing many of both Houses of Parliament guilty of High Treason, with other Edicts of His, to be revived, those Sentences and Judgements seriously denounced against Them and their Proceed, the Scoffs and Flouts jestingly passed on ye and your Friends, to be recounted, and by the Wit and Power of your Adversaries made good against ye, when ye have lost your Power. These stout and circumspect ways of yours are most remembered, and deeplyest lodged in their breasts who speak least of them: I am only the Remembrancer, and cannot believe it to be a defection and falling off, as that you think the Parliament and their strength too weak to protect their Members, therefore to forsake it. Your Power is visible yet, your strength not shortened; the great difficulties, the fierce conflicts which ye have wrestled with, the revolting of your Friends, the multiformity of Opinions amongst yourselves, might have abated your success, and weakened your strength, had not an Almighty hand supported ye amongst those difficulties. Never so many Stratagems, Policies, and Falsehoods practised by an Enemy to impair your strength, to advance their own, but that the God of Truth hath discomfited and dispelled them all. In which, whether He hath done it in favour to the justice of your Cause, or in His foreknowledge of their malice, to be avenged, if they could have got the upper hand, I leave it to the judgement of the cried up a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p 263 Author, who hath more fitly observed That God's wise Providence often permits what his revealed word approves not, than he hath suited his resembling your Successes to prosperous winds filling the Sails of Pirates, to justify their Piracy, when as the giving or denying Victory and Courage in the day of Battle, is a more immediate and effectual work of God's Almighty Power, acting and taking an especial care in disposing the affairs of War. To proceed, and show how petty a difference there is betwixt those two Tenants, is easy for any man who shall inquire into the quality of either, of what growth, settlement, or extent they are; The one (the Presbyterian) not ripe enough as yet to be established, neither the times now fit to entertain a fixed or established form of Government to bind all sorts of men: Many having been left at liberty, whether they have or will take the Covenant, many who have taken it, thinking themselves not obliged forthwith, and in all parts to keep it, having for some cause discovered since their taking, set it aside: The other (the Independent) a seeming, rather than a certain abdication, or a total renouncing all Government, or for ever. The Lord General and his Army (called Independents, but why, let them that call them so answer for it) have solemnly b In their Remonstrance, dated Novem. 1648. pag. 6 declared against such Disorder, and Non-Government. The Independent Party, as they are called, may haply desire to shake off that heavy yoke of Government, which grown through the corruption of Manners, and indulgency of Times into Abuse, Exorbitancy, and Oppressing, doth gall and heavily press their fellow Subjects necks, not by an easy or ordinary course to be taken off. The Contention, indeed, betwixt those two, Presbyterian, Independent, growing as before observed, through the pride of conquering, or cunningly contrived by their common enemy, on purpose by dividing to overcome them both. The difference in dispute is not in Opinion but in Fact, as (amongst other things) unto whose charge the deluge of Blood spilt in this war is to be laid? Ye have declared That it is to be laid at the King His Parties doors, particularly the bloodguilty and horrid act of hindering the relief of Ireland, whereby thousands of his Protestant Subjects have been slain, which holds the three heretofore united Kingdoms, in a languishing and mournful Estate, even at this day, the one divided against the other, and the People of all three despairing to enjoy their former Peace, ye instancing First In His sparingly and too late proclaiming their enemies, Rebels, when the Rebellion first broke out, by signing Commissions to the chief Actors in the Rebellion. The Parliaments Commissioners at the a See the Objections and Answers at large in the relation of the passages at the meeting at uxbridg 1644. printed then at Oxford. Treaty of Vxbridg urging besides, His disapproving the subscriptions of the Adventurers and Officers of the Army employed for the relief of his Protestant Subjects there, by means whereof the course intended was then diverted, His making a Cessation with the Rebels, which had it not been made in the time of their greatest wants, and the Forces employed against them not drawn off, they might in probability have been ere this subdued, and the war even finished, in stead thereof it is protracted. That Kingdom having been by the prowess and wisdom of His a Hen. 2. Q Eliz. Predecessors kept entire, united unto and a b The Law Book cases give the reason why the bringing counterfeit money into England out of Ireland, is but Misprision of Treason, although the bringers know and utter it. Quia Hibernia est membrum Angliae, Dalton, Justice of Peace in cap. de High Treason. Member of this State of England, is by His and His Party's strength abetting it, put into a Condition and even invited to invade and conquer This. That the Commissioners sent by the two Houses of Parliament, for the better supply and encouragement of the Army in that Kingdom, were discountenanced and commanded from the Council there, where the prosecution of the war was to be managed: and By whose Authority and Command was all this done? The House of Lords and Commons in the debate with the King about the affairs of Ireland, sent His Majesty word, that His message then sent to Them, wherein He chargeth Them with false pretences, and a purpose in Them to divert large sums of money collected from the English, from the proper use to which it was intended, was an high breach of the Privilege of Parliament, and upon that occasion They declare many particulars of their care for the relief of Ireland, and the King's hindering it. Those particulars there expressed are as followeth, They declare That this bloody Rebellion was first vaised by the same Counsels that had before brought two Armies within the bowels of this Kingdom, and two protestant Nations ready to welter in each others blood, which were both defrayed a long time at the charge of the poor Commons of England, and quietly at last disbanded by God's blessing on the Parliaments endeavours. That this design failing, the same wicked Counsels who had caused that impious war, raised this barbarous Rebellion in Ireland, and recommended the suppressing thereof (for the better colour) to the Parliaments care, who out of a fellow-feeling of the unspeakable miseries of their Protestant Brethren there (not suspecting this horrid Plot, now too apparent) did cheerfully undertake that great work, and do really intent and endeavour to settle the Protestant Religion, and a permanent Peace in that Realm to the Glory of God, the honour and profit of His Majesty, and security of His three Kingdoms. But how they have been discouraged, retarded and diverted in and from this pious and glorious work, by those traitorous Counsels about his Majesty, will appear by these particulars. They there mention the sending over at first of twenty thousand pounds by the Parliament, and that good way found out to reduce Ireland by the Adventure of private men, without charging the Subject in general, which would probably have brought in a million of money, had the King continued in or near London, and not by leaving His Parliament, and making war upon it, so intimidated and discouraged the adventurers, and others who would have adventured, that that good Bill is rendered in a manner ineffectual. They mention that when at the sole charge of the Adventurers, five thousand foot, and five hundred horse were designed for the relief of Munster, under the Command of an English Lord, and nothing was wanting but a Commission to enable him for the service, such was the power of wicked Council, that no Commission could be obtained from the King, by reason whereof Lymrick was wholly lost, and the Province of Munster since in very great distress. That when well-affected persons at their own charge by way of Adventure had prepared twelve Ships and Pinnaces, with a thousand Land Forces for the service of Ireland, desiring nothing but a Commission from His Majesty, that Commission, after twice sending to York for it, and the ships lying ready to set sail three weeks together, at the charge of near three hundred pounds a day, was likewise denied, and those Adventurers (rather then to lose their Expedition) were constrained to go by virtue of an Ordinance of both Houses of Parliament. That although the Lords lustices of Ireland earnestly desired to have two Pieces of Battery sent over, as necessary for that service, yet such commands were given to the Officers of the Tower, That none of the King's Ordnance must be sent to save His Kingdom. That a prime Engineer and Quartermaster-General of the Army in Ireland, and in actual employment there against the Rebels, was called away from that important service by express command from the King, That a Captain, Controller of the Artillery, a man in pay and principally employed and trusted here by the Lord Lieutenant of Ireland, for providing and ordering the Train of Artillery, which was to be sent to Dublin, and who had received great sums of money for that purpose, was commanded from that employment and trust, to serve the King in this unnatural war against His Parliament, and when the Parliament had provided six hundred suits of Clothes for present relief of the poor Soldiers in Ireland, and sent them towards Chester, the Waggoners that undertook the carriage of them were assaulted by the King's Soldiers lying about Coventry, who took away the Clothes. That three hundred suits of Clothes sent likewise by the Parliament for Ireland with a Chirurgion's chest of Medicaments towards Chester, were all taken away by the King▪ s Troopers under command of a Captain, together with the Carrier's horses and Wagon, for the King's service. As likewise that a great number of draught-horses prepared by the Parliament for the Artillery and baggage of the Irish Army, and sent to Chester for that purpose, being there attending a passage, were then required by the King for His present service in England, whose Forces were so quartered about the Roads to Ireland, that no Provision could pass thither by Land with any Safety. That two other Captains, the Admiral and vice. Admiral, of the Ships appointed to lie upon the Coast of Ireland to annoy the Rebels, and to prevent the bringing Ammunition and relief from Foreign Parts, were both called away from that Employment by the King's Command, and by reason of their departure from the Coast of Munster, to which they were designed, the Rebels there have received Powder, Ammunition and other relief from Foreign Parts. * See these Charges mentioned by the Houses of Parliament against the King, in Mr. May his History lib. 2. cap. 6. pag. 118. By which particulars (say they) it may seem, that those Rebels were countenanced there, upon design, to assist the Enemies of the Parliament here, especially considering that those confident Rebels have presumed very lately to send a Petition to the King, intituling themselves, His Majesties Catholic Subjects of IRELAND, and complaining of the Puritan Parliament of England, and desiring that since His Majesty comes not thither according to their expectation, they may come into England to His Majesty; So the Question by way of Argument between the King and Parliament, as between the Commissioners on either side, is laid aside, and now to be decided by no other Umpire than the Sword, and what the two opposite Parties on either side have a long time strove for (the one defending their Cause in their Books and Writings by vehemency and height of Wit, the other theirs by solid and substantial Prudence) is left to the Conqueror to determine. What the odds is betwixt their Writings, because controverted by either side, which Party doth declare and argue the more Prudentially the reasons of their several undertake in this quarrel, as which Party, (the Kings or the Parliaments) have writ more solidly and substantially concerning the Subject of this War, which more genuinely and sincerely without expatiating or railing Jests have argued, let the impartial Reader judge. So because there may not want fuel for Contention, 'tis debated concerning the Actions of Cruelty on either part (the Kings, the Parliaments) which did act with more cruelty, by putting to the Sword, spayling, by consuming with Fire, laying waste Towns, Villages, Houses. I believe our Neighbour a BERKSHIRE, and other places near us. County, as far as you and I have observed, gives Testimony against the One in a sad Record. As to the Writings on either side, for Instance sake take three or four here following for the rest. First, the Letter to the Governor and Council of War at BRISTOL (that City being then a Garrison for the Parliament) from the Lord General of the King's Forces b See Mr. May his History of the Parliament of England, mentioning the Demand and the Answer. requiring the Governor and Council there to forbear the putting to death the two Citizens, threatening withal to retaliate the like Judgement and Execution upon some Gentlemen of the Parliaments Party, kept Prisoners by the King's, with the Resolution, and sober Answer of the Governor and Council to such Message. The quality of which Answer is forejudged already, and Replied unto in Print, To be an insolent c In a Book of an unknown Author, called the State's Martyr. Pamphlet, with other words of scorn, when other men well seen in Morals, and the Martial affairs of War, deem it to be a stout, apposite, and well penned Answer. Secondly, That from the marquis of Argyle, and Sir William Armyne, Commissioners from both Kingdoms of England, Scotland; fully d See the Message and the Answer. and in few words delivering their Intentions and Reasons for the Summons sent to the Governor of Carlisle; a Garrison for the King, with his Answer unto them, full of words, pregnancy of wit, and jealousy, rejecting their Summons: And some of His Party derogating elsewhere from the worth of a See the History of the King's affairs in Scotland, etc. Where the Historian speaking of Montrosse, and the marquis of Argyle, the Generals of the two opposite Armies in the Kingdom of Scotland, he highly extols Montrosse, and as much reviles and derogates from Argyle, rendering him in many passages of that Book, a poor-spirited Soldier, and a Knave, when as in other men's judgements he hath proved himself a valiant and expert Commander, a Religious and wise Gentleman. one of the Commissioners. b See this mentioned in the Declaration of the Lords and Commons assembled at Oxford, March 1643. and Printed there. A third, Which because 'tis short, You have here recited in the very words, sent from both Houses of Parliament to the King, with His Parties descant and scornful Comment on the same. The Message sent from both Houses of Parliament to the King. May it please your Majesty, WE the Lords and Commons Assembled in the Parliament of England, taking into our Consideration a Letter sent from Your Majesty, dated the third of March instant, and directed to the Lords and Commons of Parliament Assembled at Westminster (Which by the Contents of a Letter from the Earl of Forth, unto the Lord General, the Earl of Essex, we conceive was intended to ourselves) Have resolved with the concurrent advice, and consent of the Commissioners of the Kingdom of Scotland, to represent to your Majesty in all humility and plainness, as followeth: That, as we have used all means for a just, and a safe Peace; so will we never be wanting to do our utmost for the procuring thereof: But when we consider the expressions in that Letter of Your Majesties, We have more sad and despairing thoughts of attaining the same, then ever; because thereby, those Persons now Assembled at Oxford, who contrary to their duty have deserted Your Parliament, are put into an equal Condition with it: and this Parliament, Convened according to the known and Fundamental Laws of the Kingdom (the continuance whereof is established by a Law consented unto by Your Majesty) is in effect denied to be a Parliament: The Scope, and intention of that Letter being, to make provision how all the Members (as is pretended) of both Houses, may securely meet in a full and free Convention of Parliament; whereof no other conclusion can be made, but that this present Parliament is not a full nor free Convention; And that to make it a full and free Convention of Parliament, the presence of those is Necessary, who, notwithstanding that they have deserted that great Trust, and do Levy War against the Parliament, are pretended to be Members of the two Houses of Parliament. And hereupon, we think ourselves bound to let Your Majesty know, That seeing the continuance of this Parliament is settled by a Law (which as all other Laws of Your Kingdoms, Your Majesty hath sworn to maintain, as we are sworn to our Allegiance to Your Majesty, those obligations being reciprocal) we must in duty, and accordingly are resolved with our Lives and Fortunes, to defend and preserve the Just Rights, and full Power of this Parliament: And do beseech Your Majesty to be assured, That your Majesty's Royal and hearty Concurrence with us herein, will he the most effectual, and ready means of procuring a firm and lasting Peace in all Your Majesty's Dominions, and of begetting a perfect understanding between Your Majesty and Your People; without which Your Majesty's most earnest Professions, and our most real Intentions concerning the same, must necessarily be frustrated. And in case Your Majesties three Kingdoms should by reason thereof, remain in this sad and bleeding Condition, tending, by the continuance of this unnatural War, to their Ruin, Your Majesty cannot be the least, nor the last sufferer. God in his goodness incline Your Royal breast, out of Pity and Compassion to those deep sufferings of Your Innocent People, to put a speedy, and happy issue to these desperate Evils, by the joint advice of both Your Kingdoms, now happily united in this Cause, by their late solemn League and Covenant. Which as it will prove the surest remedy; so is it the earnest prayer of your Majesty's Loyal Subjects, the Lords and Commons Assembled in the Parliament of England. Grey of Wark, Speaker of the House of Peers in Parliament pro tempore. William Lenthall Speaker of the Commons-House in Parliament. Westminster the 9 of of March, 1643. The King's Parties Apprehension and Comment on the Letter, in these words: Whosoever considers that this should be a Letter from Subjects, might well think it very unbeseeming Language in them to call His majesty's earnest endeavours for Peace but Professions, and their own feigned pretences, most real Intentions, but much more wonder at that menacing Language, that His Majesty cannot be the least, or last sufferer; which expressions from Subjects in Arms to their Sovereign, what dangerous construction they may admit, We are unwilling to mention. Thus much for the King's Parties Comment on the Letter. One other intercourse of Messages between both Parties of a latter time. * See the King's Letter March 23. 1644. and the Answer to the Committees Summons in April fellowing. The Summons sent by the Committee of both Kingdoms to the Governor of Newark for surrendering that Town and Fort. The Summons expressing persuasive and valid reasons to surrender it, the Governor, rather his Secretaries Answer, full of good Language, courage and strength of wit, wherein mentioning the King's Parties Letter sent the 23. of March 1644. unto both Houses of Parliament, he urges the King's granting gracious Conditions, and proves it, in that He would Disband His Forces, Dismantle His Garrisons, etc. He who penned the Answer recites not all the King's Proposals, as that He would have His Friends Pardoned, the Sequestration taken from off their Estates, and the like; either he saw not the King's whole Letter, being he recites one part only, or else he smiles in his sleeve, thinking by his reserved and short Comment on His Letter to satisfy the Committee there, and the whole Kingdom besides, of the King's gracious inclination in that Letter, whereof the Answerer reciteth but one part. The Letter was full and easy to be understood, taking it collectively and altogether, not apart, as of Disbanding, Dismantling, etc. had not He expected to have his Friends pardoned, and their Sequestrations wholly taken off. Such manner of collective speaking is conditional, the one to be done on the one side, if the rest be performed on the other. The Answerer's mentioning so much of the Letter as may serve the turn, in reciting the King's gracious promise, leaves out on what Condition the Promise is made, the condition annexed to the Promise, frustrates the virtue of the Promise, for that which the Answerer calls gracious in the King's Letter of Disbanding His Forces, if nothing else were to be expected, are in every man's judgement, as in the Answerer's, gracious indeed, but that the King expects to have His Friends, His party pardoned, the Sequestrations wholly taken off from their Estates, were by giving way to the revoking their own Judgements, to accuse themselves of injustice-doing, to put them whom the Parliament accounted offenders and their Enemies, into as good or better condition than their own friends: the Answerer, if knowing the King's whole Letter, and would contract it into parts, reciting only that which serves his turn, the Committee being presumed solid and understanding Gentlemen, would questionless follow the Dictates of their own Judgement, without replying to the Answerer. For Oratory and strength of wit, which haply may delight some Readers, but cures not the Distempers and Calamities of a Civil War, nor satisfies the serious expectation of Spectators or Actors in these Tragedies; it is confessed, that the Assembly at Oxford & their Party in their Quarters there, having the more facete and nimble wits, with the help and influence of the Youth and Scholars there, may seem to exceed the Parliament and those whom the Parliament employs in their Empressions, But let the Books on either side be examined by the Test of Reason, Prudence, the Reader will soon discern the Difference: And these four remarkable Messages instanced in, may decide the Contest, none other of all their Conflicts of that kind being more opposite each to other, nor any of their Messages reciprocally sent, more disdainfully rejected on either side (as far as I have traced their Writings) than these four . But to the Reasons of your deserting your first judgement, if so you have, I rather judge it to be a fencing and trial of wits in an Argumentative way of discoursing only, than any settled revolting from your first Opinion: you are well read in the good man's Character, who will not be afraid for any evil tidings, His heart standeth fast, and will not shrink, etc. The Arguments you have lately taken up against the residing part of the Parliament and the Army, the maintainer of your Power, & next under God the preserver of our Peace, are none of yours, nor like to yours. The House of Parliament being grown thin; By your, and other Gentlemen of your Eminency deserting it, is become more thin; the more weak it is through your Defections, the more need it hath of being supported by your Return. As for the Force which you and your subdivided party urge to be offered to ye by the Army your Servants, an high affront and breach of Parliament Privileges, Both your parties, Presbyterian and Independent seem to be forced alike, not in an equal degree of Strength and Number, but in a strict and closer tye of Policy and Prudence, by and through an extreme and inevitable Necessity to the preservation of Ye and your Friends. Neither you nor any of your Party can devise or act a means how to settle such a course as may prevent a total confusion, or the overthrow of those who have already prevailed by the. Sword, nor to Still the common Enemy and Avenger: But if He being hard-driven, shall by Treaty or other unsafe way of settling a Peace, prevail, He is left at liberty to do His pleasure. In Treatles or like ways of Parlance, what Security can He give or will He keep, commensurate to the safety and welfare of many thousands engaged in this Quarrel, to the avoidance of those Dangers and Jealousies already administered by Him? Within these three years you instanced Hen. 3. His compliance and Signing Articles, which when He had by that recovered His Power again, kept none of them. But to your Arguments and your paralleling the King's offering a Force to six of the Houses of Parliament, to the Force is offered you. He might peradventure, and by an usurped Authority do it, to exercise a Regal Power above the Laws, from assuming unto Himself an unlimited and strong conceit of His Sovereignty & Transcendency of Might in nothing to be resisted, to awe and force this present Parliament, and all future Parliaments (in case He had any purpose to convene any more) to His beck, as 'tis probable. Not long after, by the like menacing and imperious act of Proclaiming those Gentlemen Traitors, who either obeyed not, or refused to conform to His present Will; There was no necessity but His sole Will to force all those who complied not with Him to save and rescue His Creatures from the hand of Justice. And whether there be not now a stronger necessity then before the great and universal Engagement of many good and deserving men, I appeal to you. Sir, In that you take it ill That your Servants (so the Army style themselves) should force their Masters. They are not simply and precisely Servants immediate, subordinate rather, many of Them your Equals, Commanders and Officers in the Army, the common-Souldiery commanded and led by Them; Or the Army relatively unto ye as Jurors in a trial of Assize before a number of Judges (for so ye are, although the resemblance holds not adequately, as to an Army, and to a Jury.) Let a Major part of Judges incline or direct which way they please: Yet an upright Jury will find according to the Evidence in being. The Evidence in this case is the certainty of knowing and re-collecting things passed, the foresight of things to come, which induceth them to bring in such Verdict as may render all things Just and Safe: for when it shall happen to be debated which ought to be preferred, the Privilege of Parliament, or the Safety of a Kingdom, every one can judge which ought to sway the balance. Again, admit the Army to be your Servants (yet properly they are Servants unto those from whom they receive their pay, that is, from the Kingdom, neither from the Presbyterian nor Independent Party) In a mixed and joynt-Government where more than One commandeth, and a mutual consent had betwixt the Governors, that the Servants shall obey the discreeter Party, as between a Master and a Mistress in a Family, they mutually consent that their Family shall be directed by the wiser of the two, there it is left to the election and discretion of the Family, which of them (Master or Mistress) to pay obedience unto. It skils not in a Governing and Politic Body (consisting of many Ruling, & all consenting in the main) which is the Major part, unless that Major part will do the whole work themselves, without the help of those whom they do employ: which of them is to be obeyed? That Part rather which Acts and Endeavours (without respect had to the Majority) in the more prudent, watchful and safe way. So 'tis no Disobedience or Affront offered by your Army, where Obedience may be dangerous to the Obeyours, to your Party and your adherents. For whereas some of the King's Party prefer the Presbyterian before the Independent, some the Independent before the Presbyterian, a See the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 224. hating both, yet giving good words unto, and complying with the more discontented and weaker Party, until by their cunning Artifice they overcome them also; so in this Leger de main, and sleight of wit blow the coals of Dissension betwixt ye both, Ye of the Presbyterian can look for no other than Polyphemus his courtesy, to be of those last to be devoured. Besides, as to the Major or Minor part of Members sitting in the House, or secluded, or voluntarily absenting themselves from the House, so that the greater number are absent, as you reckon: Take heed of that objection, lest you open an old wound (long since salved up through God's blessing on your success) and that Objection be made use of against ye all of both Houses, and against that Authority whereby Ye have at any time acted since the Contention first began betwixt the King's Parties claim to their Parliament at Oxford, and the Parliaments Parties claim to theirs at Westminster. For if the King's Party did rightly calculate their numbers which were in both Houses of Lords and Commons b See their Declaration Printed at Oxford March 1643. towards the end of the Book. 258. either personally sitting at Oxford, or occasionally absent upon employment for the King, That number exceeded that of those sitting at Westminster: so that the Argument for the major part of the number of Members Presbyterially affected, & that way Covenanted, against which the King's Friends have learnedly, as yet unansweredly * In a Book styled [The present Judgement of the Convocation at Oxford dated June 1647.] Which if weighed with the Arguments in the late Letter written by the London Ministers to the Lord Fairfax and his Council of War, dated Jan. 1648. in behalf of the Covenant and the keeping it, the Reader will soon discern the odds. argued, is no safe or prudent Argument at this time to be used, however abetted and seconded by an elaborately written Letter by the London Ministers, lest ye help your first and common Enemy to rouse an Objection which hath a long time slept, for maintaining their Parliament at Oxford. For, by the way, had those Ministers employed their pains in answering that Book, their Letter might have been better credited, and more universally received. They much insist on the Protestation, taken May 1641. wherein the Protesting is For the maintenance of the King's Honour, Person, and Estate: yet the End (at which all matters of weight do aim) is the preservation of Religion, Laws, & Liberties. The maintenance of the King's Honour, etc. is but a piece of the Protestation; the sum, full sense & scope thereof, the preservation of Religion, etc. The drift of one of the Grecian wise men's advice was [Respice finem] & the prudential Proverb is (made good by an acute Epigram) Non refert quà, sed quò: So the maintenance of the King's Honour, etc. are but the Means in relation & order to the End, the preservation of Religion, Laws, etc. The well-weighing which Protestation might have confined and settled the unresolved and doubtful thoughts of man, in what the end and aim of the Protestation was, A promise to fulfil, in as much as in us lies, the Commandments of the first and second Table of the Law, directing our duty towards God and Man, the several parts in the Protestation tending in the sum to the maintenance of God's Honour, the King's, the Subjects Right and Liberty, no one part thereof, if rightly applied and understood, crossing another: and therefore how it comes to pass, that the Protestation being one and the same, the course of men's affections should be thus divided into Factions, and Part-taking, or that some should be of opinion, That to maintain the King's Honour, Person and Estate, is to adhere unto Him in this present War in what He shall command. They should withal consider the other parts of the Protestation (viz.) the Defence of the Protestant Religion, the Power and Privileges of Parliament, the Subject's Right and Liberty; for by the Protester's observing all, the King is best observed and truliest, His Honour and Promises being engaged to maintain the latter three; when as every one who took the Protestation did in his thoughts endeavour and intent according to his Power to make Him a Sovereign Lord of a Free and Flourishing People, the King's Protestations concurring with, and tending to that end: So the Protestation taken altogether is best observed and kept. To the Protestation for the defence of the Protestant Religion, every one who takes it is not immediately and specially bound by virtue of his Vow to discover and make known, to extirpate or remove all Papists (that is above the Power and Liberty of every common person) neither is wishing well alone, and sitting still a sufficient discharge of the Protester's duty of vowing to Endeavour. Endeavouring is a progressive motion, and the Protester's supine failing to endeavour, can be no better reckoned of, than the * Livy. Historian did of those Soldiers who dreamt of their Enemies, Votis & sedendo debellari posse, or what the * Isaiah. Prophet doth of the Egyptians, that their strength was sitting still. A perfunctory and neutral slackness in the Protester, satisfies not the precept which God himself enjoins, When thou vowest a vow unto the Lord, thou shalt not be slack to pay it, and wherein many have not only deserted this their Vow, but endeavoured against the same; others contemplatively only and remiss as not endeavouring at all, but with cautious reservations and forbearances keep off their endeavourings. The passive and faint observing of the Vow in some, the Acting contrary to their Vow in others, is a sin which God is justly angry for, visiting this Land of late with long and heavy judgements; wherefore if he who hath taken this Protestation, and shall solemnly observe the same, shall foresee, or hath cause of suspicion to believe, that the Protestant Religion is, or was when he took the same, in danger of declining, & that the Papist is connived at & countenanced by b Which is not the Author's Observation alone, but the unanimous judgement of most part of the Kingdom observed by their several Petitions at that time presented, especially that of the Gentry and Trained Bands of the County of Essex, presented to their Lord Lieutenant the Earl of Warwick. See Mr. May his History, lib. 2. cap. 6. pag. 105. higher Powers (for the Question is not about the certain and actual bringing in of Popery, but touching the pregnancy of suspicion) if the Protester adhereth to that Party which promiseth to defend the Protestant, and opposeth that which countenanceth the Popish, his Protestation is then truliest kept; a Promise or Vow, the more pursued, the more fulfilled. In like manner to the other part of the same Protestation (viz.) The Maintenance of the King's Honour, every one who takes the same is not thereby bound to comply, assent unto, and obey the King in whatsoever He may command, whether unlawful or unjust, or to think all his attempts and actions Justifyable throughout. This were indeed, in the highest degree to honour Him; but in a more serious and as truly a Loyal way of His being Honoured by His Subjects, is when they or those who are put in Place and Authority over them, shall inquire into and provide against all things incident to His Dishonour, when they shall endeavour to suppress all Affronts which may be offered to His Dignity; This though a more remote and less flattering, yet a more stable and certain discharge of Duty in Honouring Him. Again, as to that part of the Covenant [That They had then no intention to diminish His just Power and Greatness] They might intent no less, until They saw They could not overcome Him by humble Applications and Addresses, that they could not discern any acknowledgement of His former Errors, any placable or propitious heart towards His Parliament and People; any condiscending to those Propositions, as the only and necessary means for settling a safe Peace, long since tendered to Him jointly and unanimously by ye all, Presbyterians and Independents, as they are called (yet not all of ye concluding or providing what was to be done in case He did refuse) But instead thereof (contrary to the * See the Articles of the large Treaty Pag. 16. Demand 4. granted by the King, Aug. 1641. Articles of the large Treaty agreed upon (viz.) That none should be admitted to his Counsel or Attendance but such as should be approved of by both Kingdoms) gracing and preferring to His nearest secrecy and trust, a Person proclaimed guilty of High Treason, charging still and banding with the Parliament, the Supremest and greatest Council for Weight and Number in all EUROPE, contending to lay the Blood spilt in this War at their doors, and theirs alone, ever seeking by His Pioneers, by a covert and restless ill-will, one way against the a See the Book called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, pag. 23. and elsewhere in that Book, His Party's constant and continued ill-will towards the City of London. The City styled by His party, in their wont Invectives against it, The Nursery and Treasury of Arms and Ammunition employed against their King, continued even to this day to be termed by them a Rebellious City upon all occasions, Mercur. Pragmat. from Jan. 28. to Feb. 4. 1649. further continuing his Invectives against the City in his weekly Pamphlet. Place receiving Them, another against their b See their Declaration printed at Oxford 1643. pag. 14, 15. against the suggested irregular and undue proceed of the Common Council in London, the Representative of the whole City. Friends assisting Them, to undermine their Power. They thought the Covenant not like an c See the Letter of the Ministers within the Province of London, and their notice-taking of the Parliament and Army's conceit had of the Covenant, pag. 8. Almanac out of date, as the Ministers smilingly object, but like an Obligation, where the Obligor is destitute and left remediless through the Obligee his restless fury and oppression, disabling him from performing his Conditions. d See His Party's Opinion of the Covenant and the taking it, in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 113, 114, 115. whither and how far it is to be kept, how little uniformity there is in the taking or keeping it, and for what purpose in the Author's judgement framed at first, how ambiguous and hard to to understood, how much mistaking or dissembling in the making it at first, or misrepresenting by those who like it not, that howbeit one part thereof is [That 〈◊〉 had then no intention to diminish the King's 〈…〉 Power and Greatness] the Author in the King's name conceives, That it was made and 〈…〉 the King, as in many places of the Treatise against the Covenant he complaineth. See also the King's Declaration, since the Pacification, against the Scots and the Covenant, pag 8. Which Opinion of his see confirmed in the marquis of Montrosse his Declar● set forth 1649. as in a Book called the History of the King's affairs in Scotland, before recited pag. 5. One part of the Covenant then taken, was, That They had no thoughts or intentions to diminish the King's just Power and Greatness, Another part was (when They press the Covenant taking, the maintenance of the Peace and Union between the three Kingdoms) They would bring to justice all without respect of Persons who did or should wilfully oppose the same, or hinder such Peace and Union. So that if the King did by Himself, by His Friends and followers by His example awing other men from taking the Covenant, or did by any Power or Commission, whether to defend Himself, or to offend His opposites, act or abet, whereby the Peace became disturbed, one Kingdom engaged against another, the Parliament could not according to their Covenant preserve His Power and Greatness, and punish such without respect of persons as did wilfully oppose the same, comprehending all who did adhere unto, or take part with him: So that the Covenant, the parts whereof seem to be inconsistent and irreconciliable within themselves, and therefore not perfectly and exactly to be kept, is either newly to be moulded, or (which is more probable) the War to continue between the Covenanters, and the non-Covenanters: many thousands of men neither having, nor through the King's example willing to take the same. The great Quarrel of ignorant men against the uniform current of the Holy Scripture, of an higher concernment than an humane Covenant, is acutely taken up by a learned * Paraus. Writer, Distingue tempora & reconciliantur Scripturae, in answer unto those, who cavil against the Scriptures as if the Texts thereof were dissonant and repugnant each to other, as if God's word, certain and infallible in itself, were contradictory to itself. Distinguish between the time of the Covenant taking, four or five years before the time of bringing the King to Trial, Observe the limitation in the particle of the Covenant [That They had then no intention to diminish the King's just Power] in opposition to unlawful and arbitrary, and you will find that the Covenant could not be so well and safely taken, or that it is not so heinously broke as your Enemies give out. But to your Objections against the Army, That in adhering unto them, is to trust to an Arm of Flesh, so all sublunary and earthly Powers are but Arms of flesh. Secondly, That Independency admits of all Irreligion, Heresies, etc. The Proposition is not well proved, in that some particular soldiers belonging to, or others well-wishing to the Army, do devise and publish strange and unsound Tenants and Opinions, which is not to be imputed to the Army or the Parliament, neither is a present Cure to be applied for redress thereof in all parts and places where they are vented. The Army and their Party have enough to do to prevent and provide against the Power and Policy of their Enemies, without an overhasty endeavouring to suppress the Schisms and Errors of every one of their Adherents. The complaint against Heresies & Schisms abounding, is just & seasonable, and the Heresies most fit to be suppresed. The Complaint is made long since, and it was foretold of old, that Heresies must be, etc. The Apostle gives the reason, That the sound and approved Truth, may be known from fond and received Heresy. The ground and seminary of broaching them, may be, besides the common and inbred corruption of Pride and Falsehood, which mankind is prone unto, that so many sorts of men in many places do despise and speak against the Scriptures, although the Rule of Christian Faith: Others unwarranted, do undertake to teach and expound the same. In disordered and licentious times, caused through the distractions of a Civil War, it may fall out, as a * S. Jerome. Father of the Church complained it did in his, of Scripture-Teachers, of Expounders of the Mysteries in Divinity, cited by a learned Divine upon the words of the Apostle, charging the unlearned and unstable for wresting the Scriptures to their own destruction; whose presumption (the Divine tells us) is enough to produce any Schism or Heresy. Sola, saith he, Scripturarum ars est, quam sibi omnes passim vendicant; hanc garrula annus, hanc delirus senex, hanc sophtsta verbosus (he might have filled up the measure of his Complaint, by discovering many other sorts of unlearned People intruding into the holy Mystery of Divinity) hanc universi praesumunt, lacerant, docent antequam discunt. Every one presuming upon his parts and gifts to be a Teacher and Interpreter of Scripture, whereas Practitioners in other Arts can contain themselves within the bounds of their own Profession. The reason why the unlearned are so bold, may be their want of ability to discern the strength of the Objections which may be made against them. By the unlearned, is not meant he who hath not read a multitude of Authors, but he who taking upon him to divide the Word of God, is raw and unexperienced, or if he hath experience, wants judgement to make use of it. The anguish that these rash Presumers bring unto the discreeter sort of Brethren, cannot but be great, when being convinced of their unsound opinions, for the maintaining that which with much boldness and open falsehoods they have averred, they pretend the Authority of the Word, and whatsoever conceit is begotten in their heads, the Spirit of God to be presently the Author of it: when as learned and judicious men, in whom the Lord hath put wisdom and understanding, to know how to work all manner of work for the service of the Sanctuary, like Bezaleel and Aholiab, refuse much of the stuff which is offered them. Scripture is given to all to learn: to teach, to interpret, only to a few. It is the voice of God confessed by all, that the sense is Scripture, not the words; it cannot therefore be avoided but that he that wilfully strives to fasten some sense of his own, other than the nature of the place will bear, must needs take upon him the Person of God himself, and to be an inditer of Scripture. No Scripture is of private Interpretation, There can be but two certain and infallible Interpreters of it, either itself or the Holy Ghost the Author of it; itself doth then expound itself, when the words and circumstances do sound unto the Reader, the prime natural and principal sense. Besides these two, all other Interpretation is private; wherefore as the Lords of the Philistines sometimes said of the Kine which drew the Ark unto Bethshemesh; If they go of themselves, then is this from God, but if they go another way than it is not from God, it is but some chance that hath happened to us, So it may be said of all pretended sense of Scripture, If Scripture come unto it of itself, than it is from God, but if it go another way, or violently urged or goaded on, than it is but a matter of chance, of man's devising and invention. As for those marvellous discourses of some, framed upon presumption of the Spirit's help in private, in judging and interpreting difficult places in Scripture, their boldness cannot be sufficiently wondered at. The Spirit is a thing of dark & secret operation, the manner of it none can descry. As underminers are never seen till they have wrought their purposes, so the Spirit is never perceived but by its effects. The effects of the Spirit, as far as they concern knowledge & instruction, are not particular information for resolution in any doubtful case, for this were plainly Revelation, but as the Angel which was sent to Cornclius, informs him not, but sends him to Peter to School; so the Spirit teaches not, but stirs up in us a desire to learn, desire to learn makes us thirst after the means, pious sedulity and carefulness makes us watchful in the choice, and diligent in the use of the means. The promise to the Apostles of the Spirit, which should lead them into all Truth, was made good unto them by private and secret informing their understandings with the knowledge of high and heavenly Mysteries, which as yet had never entered into the conceit of any man; the same promise is made unto us, but fulfilled after another manner. For what was written by Revelation in their hearts, for our instruction have they written in their Books: to us for information, otherwise then out of these Books, the Spirit speaketh not. When the Spirit regenerates a man, it infuseth no knowledge of any point of Faith, but sends him to the Church, and to the Scriptures; when it stirs him up to newness of life, it exhibits not unto him an Inventory of his sins, but either supposes them known in the Law of Nature, of which no man can be ignorant, or sends him to learn from the mouth of his Teachers. More than this in the ordinary proceeding of the Spirit in matter of instruction, no sober man could ever yet determine. So that to speak of the help of the Spirit in private, either in dijudicating or interpreting of Scripture, is to speak they know not what. Which is the rather worth the notice, because by experience we have learned how apt men are to call their own conceits the Spirit, which because it is an especial Error charged by a * S. Augustine. Father of the Church on this kind of men, to be the more prone to kindle Schism and Contention in the Church, by how much the more they seem to themselves to be endued with a more eminent measure of Spirit than their Brethren, deserves reproof, whilst under pretence of interpreting, they rudely and rashly broach their own conceits. Sir, there may be much spent upon this one effect of this Civil War, I have been too long in these digressions, the labour of another man; but that you may be hereby satisfied how improbable it is that well-bred, wise, and learned men, however Malice hath cast this Contumely on them, do wilfully and willingly countenance these unlearned Sectaries, and rude Intruders into Moses Chair. They are willing for aught it appears to the contrary, to promote the means of Learning, to give encouragement to the increase thereof, by their favour and respect shown unto the Schools and Nurseries, in their Acts and Ordinances exempting them from any Charge or Tax for raising moneys towards this War, by placing painful and sober Governors in the several Societies of the Universities, to reduce them to their former temper, of acquiring Learning and good Manners, that what the fury and fierceness of a War was likely to demolish and destroy, is yet recoverable by the care and industry of their Governors, and whereas there is a disproportion and Antipathy between Science (a soft, mild and tender habit) and a War (a privative and destroying judgement) there is yet by God's blessing left a possibility and means of a Regress from a War and Garrison of Soldiers in one of them, to an acquisition of Sciences, and Nursery of Scholars. Neither doth the Parliament, for aught we see, neglect or the Universities, or other Seminaries of Learning, or take away the Endowments of Colleges, as their Enemies give out, because of able and learned Scholars of the Universities and elsewhere, sequestered for a time, and dispossessed of part of their Estates, by reason of their constant prejudice and ill-will against the Parliament and their Proceed, the Parliament knowing such to be interested, engaged, & not long since seasoned by the Enemy Garrisoning in one of the Universities, to contrive their overthrow. Delinquents Compounding for their offence, or the Sequestering their estates (a Punishment inflicted by the Parliament) is easier to be born, taking withal the justice of the Cause, which is here examined, than the Confiscating the Parliaments Friends estates for adhering to that side; which they could not but expect, when Spectators only taking part on neither side, are in danger, and a Law enforced for their a See the Oxford Declaration, p. 27. forbearing to defend the King. The unhappiness of this Disease (viz.) of Heresies abounding, of the unlearned their broaching them, of the causes and consequences thereof, is to be ascribed to the Authors and Occasion of the War; before which, and b Jewel in his Apology of the Church of England. many years together, the Church was at Peace and Unity within itself, it had none of this sort of Adversaries to disturb the same. But enough of this. To your other Objection, That Independency (as 'tis called) denies all Order and Government, when as they have Remonstrated and Protested for the contrary: Whatsoever they may for a time, for reasons best known to themselves, and upon the altering the present state of things, Ordain and Act to the laying aside Degrees and Orders heretofore in use, They or their successors may when the storm threatened is over, the danger of being overcome is past, reduce and bring the Government of this Nation, the course of Parliaments and other Constitutions into some part of their pristine and former state again. Rather the Royalist and Presbyterian seems to give way to many practices tending to Irreligion, etc. when as their ill-will and envy are so eager against the opposite Party (called Independents) that they will rather submit unto, and join with the Turk or Jew, then to be mastered by that Party betwixt whom and one of them there is a kind of difference, no true or real, only a notional and imaginary one. The King's Parties Envy grows out of being overcome, and doth appear from the judgement and censure he hath of them, in the punishment had he prevailed he would have condemned them to. For of the moderate sort of the Parliament and their Friends he holds them * See the Declarat. of the Lords and Commons assembled at Oxford, etc. printed there 1643 Pag. 24, 26, 27. unskilful, vulgar spirited, weak and seduced men for siding with the People, as they term it, and their multitudes, the eminent and more active sort Traitors, Perjured All, yea the Neutrals too, for not offerring to defend the King, etc. according to the Oath of Allegiance (The Parliament Party having a more moderate and mild judgement of the King's, knowing many of them restless and virulent as yet, judging others Mistaken only, some of them being led away through Ambition and aspiring thoughts to adhere to the King upon the Proverb of No fishing to the Sea, nor service to the Court, whereupon the Parliament have accordingly passed by the errors & transgressions of the King's, by an easy Mulcting them, so that if the judgement at the first had been no worse nor no more erroneously passed against the one than it was against the other Party, the War had soon been ended & a Peace restored) By the King's Party's large extension of which Oath, they may bring many within the compass of Perjury. The King being to maintain the Laws, etc. and bound as a Supreme Power to take vengeance on evil doers, without which He bears the sword in vain, as the Subjects are to their Allegiance; the Obligation is reciprocal, as the two Houses of Parliament, when allowed to be, & styled by King Himself a Parliament, with an unanimous consent observed in their * See the Message printed with the Declaration, that. March. 9 1643. message sent unto Him in a few words expressed; If the King may dispense with His Oath, and that He reckons Himself accountable to none but God, which the Parliament objects as a Maxim & Ground for any Tyranny, the Enacting Laws is of no value as to the King, and how far swearing Allegiance is to the Subject, is the question. In this only lies the odds, upon the event of which Party shall prevail in this War, If the Parliament shall, They are notwithstanding subject to the Reproach and Obloquy of slanderous tongues and pens, Their Demeanour not free from being censured, Reviled and Charged with several Crimes as their Accusers please, No such salve for them as for the King, in case He should have prevailed by what means soever, no man should have dared to have questioned His proceed, or the means by which He prevailed, in case He had Conquered. The wise man asks, who shall say that a King is false or wicked? and the French Proverb tells us Que la Coronne unifois prinse host toute sorte de defaults, The meaning is, when the King shall have regained His former full and Regal Power, the Parliament and theirs then born down, His repossessing His Crown shall as well quit all quarrels and exceptions and cancel all disputes, as it shall clear all manner of faults and Crimes concerning the means how He attained His Conquest. The sustance of that Oath, even now objected, is in these words, That the Pope hath no Power either of himself or by any means to depose the King, nor Authorise any Foreign Prince to invade or annoy Him, to bear Arms against or offer Him violence or hurt. That no Declaration, Sentence of Excommunication or Deprivation made by the Pope, hath Power to absolve any Subject from his Allegiance, by reason or colour of any such Sentence or Declaration, etc. The reason of enjoining the Oath of Supremacy, is expressed in the Preamble of that * See the Statut. 1 more. Eliz. 1. and the Preamble thereof. Statute made for taking the same, which was therefore done in opposition to Foreign Princes, Prelates, States and Potentates, by reason of great exacted sums which they by their usurping took from the Subjects of this Kingdom: so that the Oath of Supremacy concerns the Subject's duty towards the King His Heirs and Successors in their refusing to grant or pay any Tribute of Power to Foreigners, but to oppose and resist all such; to acknowledge the ancient Jurisdictions, Superorities and Preeminencies due to the King or His Successors, against and in opposition to such usurping. The words and prime sense of the swearer being That he will renounce and forsake all Foreign Jurisdictions, Superiorities and Authorities, thence That he will defend the King His Heirs and Successor's Jurisdiction, Authority, etc. So the Competition for Prehemmency, Power, etc. is betwixt the King His Heirs & Successors on the one, and Foreigners only on the other part, and by reason of such exactions practised by such Foreigners. The Royalists to make good this charge of supposed Perjury in breaking the Oath of Supremacy and Allegiance, which they cannot, unless they gain a Power, leave no ways untried, no stone unmoved, what Wit and Invention can bring in to promote their Industry. By all the Artificial and feigned means they can to keep up their Party, as by sowing the Tares of Discord and Sedition amongst the Parliament party and their friends, hoping at last to reap themselves the fruit and harvest, cunningly and insensibly carrying it on, under fair pretences to the Peace and Public good, by their Pamphleteers kept, it may be thought in pay and pension, to magnify and talk high of their Cause and their good successes, to vilify and depress the Parliament's & Theirs, to publish and divulge their Falsehoods, in hope to discourage them and their Friends, and knowing that the unstable and unresolved, (as many men unto whom the Justice of this Quarrel having seemed doubtful, have shown themselves) would fall in unto the stronger side; By reporting of their own accord without warrant from the King, more indulgently and favourably on His behalf, than any of his own actions have declared, which insinuatings and reporting in favour unto Him, have peradventure powerfully wrought on the unstable, wavering in their affections; By their subtle practices to pursue and continue their Designs, disguising them under several habits, that what a Lion's strength cannot, the Fox's skin put on may work, each one acting his several part to the best advantage and improvement of the whole; some bemoaning their dejected and low condition (thereby to draw pity to their suggested wrongful sufferings) not that they think it so, but that they may be thereby the less perceived to exercise their Art of gaining their strength and Power again, both by nourishing Discontents and Seditions here at home, and having Factors and Emissaries to solicit their Cause abroad: By traducing and depressing the esteem of the Parliament and their Actions, to render their Persons the more odious and contemptible, thence the more weak and easy to be subdued. By contriving and inventing Falsehoods, sometimes in the nature of reporting Prophecies in favour to the King and His success, as to give out how happy and victorious He or His Posterity shall be. Many the like devised Inventions in the nature of Predictions and Divine, some whereof made on purpose, others as vainly reported and given out, to give hopes unto His Party to try if the reporting such Prophecying can bring the fruits of their endeavours within the compass of such Prophecies fulfilled. By seditious Pamphletings and privily dispersing such, by publishing other more weighty, no less seditious Books, obtruding them on such Authors as they please, all to affect the Reader: sometimes in the King▪ s name, always in His behalf, particularly that Posthume one called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by many men given out to be His, which if the Parliaments often Declarations, Charges and Remonstrances against Him and His Proceed be true, those applauded Tracts and Meditations in that Book, are but a reinforced dissembling put upon Him, and the Greek words might be rather translated into the Image and Pourtraicture of a Counterfeit (For the Author counterfeiting the King, makes the Falsehoods and Impostures obtruded upon the King to be his own) then into the Image of a Prince. Whosoever shall read the Parliaments often Declarations and Charges against the King, set forth since the beginning of this War, not denied or answered by any of His Party, saving in a recriminatory and scoffing way, calling the Parliament and their Adherents, Rebels: Or who shall read the a Written by Mr. Tho. May 1647. beginning at Pag 6. unto pag. 46. Moreover how Corruption and Oppressions irremediably grew through the Discontinuance and defect of Parliaments not called, through the often Dissolving them in the time of His Reign and His Declarations published against the Members of some of them; which the Historian reports, the dejected People were forced to read with patience, and to allow against their own Reason. Wherein many things are there observed, concerning the manner of the Scots proceed before and even at the first beginnings of these Troubles, Their sufferings, how by their humble applying themselves unto the King for redress, they could have none. In fine, the averseness of the English People from a War with Scotland, pag. 46. History of the Parliament of England summarily reciting the King's averseness from Parliaments, cannot but acknowledge that b See the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on that Tract. Book, whatsoever the fair and plausible flourishes in it pretend of the King's inclining to and desiring Parliaments, to be falsely and injuriously Charged on him: Falsely, because They cannot but know how unwillingly and seldom He called any, how oft he did dissolve or attempt to dissolve them when they were called; whence the Answer meets the Objection, That the Parliament's Party did begin the preparations for a War before the King's. The King's c Mr. May his History. averseness to call Parliaments, His d Mr. Hollis his Speech. awing and dissolving them at pleasure often and long before any preparations could be thought of for a War, may satisfy the objection: when as moreover, divers of his Friends and Party have long before fortified and furnished their houses in many parts of the Kingdom with Arms and Ammunition, no other notice taken till of late then of adorning such for strength and splendour, which with some small addition became strong Garrisons for him. The Parliaments friends had none or not so many Holds so soon or suddenly to be fortified for their defence. The Author to have made his own Impostures and Dissembling the King's desires of Peace and Justice, the more complete and full, might without blushing aswell have added one Treatise more to the twenty eight, to have rendered the King free and innocent from that great offence of the Massacres committed in the Irish Troubles, and declared Him guiltless of so much of his Subjects Blood as the Rebellion there hath cost. A Treatise added to that Book with such an Apology on the King's behalf, might have passed under the same belief and credit as other well penned passages in the Book, when as the contrary is well known, as the two Houses of Parliament have in their Charges and Remonstrances set forth to the public view, such Transactions of the King's betwixt Him and the Irish concerning His conniving at and favouring the Rebels there, under colour of raising friends and Assistance thence, to serve Him in the War against the Parliament here, as to find Him guilty of the Blood spilt in that Kingdom as in This. Injuriously charged on the King, in that the Author and Reader also, if a Friend to Him and would have the Book to be reputed His, do wound His honour and render the manner of His death the more unchristian than otherwise it would be judged, when whilst the Life is mortal they make the vices of Dissembling and uncharitableness to be surviving and immortal motions. The reporting it to be the King's, seems besides, to blemish the credit of those Penitential Expressions therein, derogating from the serious, retired, and solid parts wherewith He was endowed; then doubtless free from the affectated words, whereof the Book is full, in defence of the manifold actions of His incident to this War. Many of them too weakly excused, to be His, although in an handsome way of writing (to possess the belief of men) obtruded on Him by indeed the Author of the Book: Namely, and more particularly, That weakly objected Crime of the Author, in the King's name, blaming the Parliaments Army for discovering the King's Letters taken at Naseby Fight, upbraiding them with an uncivil and inhuman dealing in publishing them. Whosoever shall praise the Book, and thence draw applause unto the King, should for the better glory of it have expunged some improbable and extravagant passages, and inserted others more necessary and satisfactory, one Tract at least of the King's care and zeal for the security and maintenance of the true Protestant Religion; what He hath written or acted to clear those doubts, to wipe away those Jealousies had of Him, no where to be found in the Book, and a great Incentive to this Contention. Some passages there are, plausibly set down by way of censuring and speaking against Novelties and new fashions in Religion, about the Form and Manner how God is to be served and prayed unto, against the extemporary and unpremeditated Prayers of some Ministers, and the like, somewhat also by way of * In the Treatise concerning the Ordinance against Common-Prayer. defending the Common-Prayer-Book, about which there is no lasting and final discord betwixt the King's Party, and the Parliaments: For, for aught we know, it may with some alterations to be made, be hereafter received again, rather than the Peace or Discipline of the Church shall be disturbed about the Form and Method of the Liturgy, the Common-Prayer-Book if in some parts altered, little differing from the Directory, saving in the exercise of the Ministers abilities, and their choice of words and quantities, how much, or how little their Prayers and Divine Service shall be. Nothing in that Book delivered touching the Substance of Religion, whether we take it in point of Manners, or in Faith, or Doctrine, or of His professing to defend and secure it from Superstition and Idolatry, as part of His * Desensor Fidei. Title implies, Rather the contrary as to the matter of suspicion, by reason of His professed indulgence to the Queen, as the Author presents Him, Bewatling Her absence, and Her Fortunes, etc. And whatsoever His advertisements in the King's name are to the Prince, in a skilful Dialect expressed to persuade him to begin and end with God, with other good Instructions frequently given him, to be well grounded in his Religion, to keep the middle way between the Pomp of superstitious Tyranny, and the meaness of Phantast que Anarchy. The Council delivered is good, if the season of the delivery (a weighty circumstance) be observed as well, That the suspicion and fear of the growth of superstitious Tyranny in the peaceful times, were no greater than that of Anarchy, easy to be let in through the licentiousness, and confusedness of a Civil War. And wherefore is that Council given? As if the Parliament did intent, or had brought in Anarchy, or devised to root out all Government. No Calumny whereby to render Them and their proceed odious and detestable, is of extent enough to serve and satiate their enemy's appetite. The Parliament in their Prudence and Experience might discern a reason for the changing the Monarchical into some other Form, of as much conducement to the maintenance of Peace and Justice. But what that Religion is which the Author enjoins the Prince unto, whether opposite to Popery or * The speedy and effectual suppressing Errors and Schisms is charged on him. p. 138. Schism (This like Weeds in Corn, choking and hindering its growth, That like Mildews, blasting and destroying it) he defining not, makes it seem doubtful to the Reader. For presently after, he would have the Prince his judgement and reason to seal to that sacred bond which education hath written in him, in which he hath been bred. Let a computation be had of his young years, how in his infancy uncapable of discerning the differences of Religion before this War began, where and with whom he hath lived these seven or eight years since it began, all men will not believe that to be the Reformed Protestant Religion which is there enjoined him (take it in its purity, or as the corruption of times hath fashioned it) the Prince seems to go in a contrary Diameter to either, as to those instructions given him by the Author, by what is reported of his favouring and entertaining at his Court the greatest and most known Catholics, Foreigners of all parts, setting aside his Protestant and native English. So that either he takes not those Instructions to be truly and genuinely the King's, or little observes them. That which should have been expunged out of the Book to make it the more admired His, is that one passage (strange amongst the rest) about His challenging the Parliament for discovering the Letters taken at Naseby Fight, even how mentioned. For, who shall look upon a War where Parties are resolutely engaged to defend their own, to consume their Enemy's Forces, as His Party did by Fire and Sword, laying waste many Villages and Towns, not sparing their own Friends, so they might be avenged on their Enemies, will not expect that in the heat of War any regard should be had to the concealing or divulging Letters; when the opposition was so extreme, the enmity so violent, that no other censure serves to fill up His Parties malice, then to judge the Parliament and their Friends False and Rebels: From which calumny and stain fastened on their Credit and Posterity, They will rather fight it out to vindicate themselves and their Friends from Attainders, Forfeitures threatened a In the Declaration printed at Oxford 1643 pag. 27. on Them, and sacrifice their Lives to the justice of their Cause, then undergo the guilt of those aspersions; the dispute resting still upon the Question Who be Rebels? To resist and oppose the Will of a Lawful King, may more resemble the name of Rebel, and in that acception the Parliament and their Friends may by the King and His be reputed Rebels. Those who by practice or council shall infringe or subvert the Laws and Liberties of a freeborn People, although in a small degree of exaction and oppression (the Laws have their Metes and Limits, to bound out unto every man his own) are in the judgement of a Religious and Learned b K. James' Speech , pag. 14. Prince, no better than Vipers, Pests, and Traitors to a Kingdom; styled in these latter times evil Counselors to the King. The violating the ancient Law of Magna Charta, so industriously and religiously preserved by our Ancestors, and above thirty several times confirmed in Parliament (to use the very words of the Lords and Commons assembled at Oxford, in their Declarations printed there) is objected against the Parliament sitting at Westminster, to be a c See the Oxford Declaration, p. 19 bold & avowed transgression of the Laws and Liberties of the People, as if the Party of those Lords and Commons were altogether free from the like transgressions; so they may in like manner object the violating the late King's Grant to the Petition of Right, when they and their Party are as culpable as the Parliaments Party are. The pillaging the Earl of Stamford's house in Leicester shire by the King's Party commanding there, an undoubted and notorious Felony by the Letter of the Law, all His Soldiers guilty of the same. The storming by day and night, and breaking into the marquis of Winchester's House in in Hantshire by the Parliaments Party, the highest degree of Burglary. Many the like Hostile actions may be instanced in on either side, but how? In the heat of War, in the pursuit of Conquest, each Party striving which should overcome and destroy their Enemy. One other passage of that Book as unjustly and improbably delivered (viz.) The excuse and plausible reasons given of the King's going to the House of Commons, attended with so many armed Gentlemen, as the * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in the Treatise concerning the King's going to the House of Commons to surprise the five Members. Author says, was no unwonted thing for the Majesty of a King to be so attended, especially in discontented times. The times were not then so discontented as that unheard of and horrid act did afterwards make them, and might have made them at that time, had but the hand of one desperate Caitiff given fire to his Pistols ready cocked, the House of Commons being near full, and equal in number to the Forces prepared against them, no man knows how disastrous and fatal the event had been: neither could the King justly fear to be assaulted or affronted by any in the House, as the Author intimates, None in the House within, being armed answerable to that the King's Guard without. The Author thinks that he hath handsomely palliated that attempt, under colour of the King's standing in need of a Guard, rendering those His Attendants there short of His ordinary Guard: but whether he means short in number, or in forcible array, he declares not. Many other passages as improbable as these, are the discourses of the Book, too tedious to recite, the examining and search whereof is besides my purpose. It seems to have little of it of the King, it hath Elegancy of wit enough, and affectation of expressions to be applauded, inconsistent with a sound and Christian wisdom whereunto His present Condition was to be fitted: and Charity enjoins not to think it His, when full of so many uncharitable expressions although clothed in pious ejaculations. The Author is too blame to father upon Him such intermixtures of Scorn and Piety, in some parts of it Devotion and Penitency, in other Censuring and Detractings, compiled probably by several Authors, the offspring too unlike itself to be truly and unviocally begot by one and the selfsame Parent. The words of Scorn are, where the Author speaking of the King's impeaching six Members of both Houses of High Treason, terms them in a disdainful way [ * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, pag. 11. Half a dozen] which number is all one as six, but the manner of the slighting Phrase [Half a dozen] unbecoming the grave and serious Majesty of a King, especially He being in sorrow and affliction as the Author presents Him, Not to be applied to Gentlemen of quality, rather to things of cheap and mean account vendible in Tradesmens Shops. The whole Book, indeed, if throughly scanned, is but a fine-dressed Invective against the one, an Apology for the other Party, fitly penned to keep up the affections of His friends, to win and move compassion even from His enemies: for whilst the Author presents him innocent and injured, compassion begets affections towards the Person injured, throws disgrace and calumny on the Persons injuring. The best, most acceptable and likeliest to be believed Tract had been, if the Author in His Book had observed and declared, that the King peradventure in the time of His greatest troubles, and when the Victory stood doubtful, did intent, as He did then profess in many excellent and winning speeches delivered at York, Shrewsbury, Nottingham and else where, to preserve the Laws and Liberties of His People, to maintain the Protestant Religion, the Power and Privilege of Parliament, which He could not but foresee (take it either in the upright heart of a pious Prince intending it) that His real and sincere intentions to maintain the same were His best breast plate and safest guard, or (take it in the politic part of a cunning Enemy meaning nothing less) That such Professions were His next way to Conquer by; but when He had thereby conquered what safety or security was there to be expected, that He should not return unto and be governed by the advice of those evil Counsellors who had at the first drawn Him away, and by degrees might have wrought upon His affections to the curbing, if not to the suppressing those Laws and Liberties, to the punishing those whom He had adjudged and called Trautors, Rebels? The High Treason charged on the Parliament by the Author in the Person of the King, softly and mildly instilled into the Readers ears in that Book, down-rightly and roughly by the divided Members sitting at Oxford in their Declaration printed there; must be understood either le Crime de Majesty or le Crime de Fausonnerie, The Crime against His Majesty, is either against His Person or His Honour: against His Person, as to conspire or intent His death, or to leavy War against Him: against His Honour, as to deflower the Queen His wife, His daughter, or the wife of His Heir, to kill those His principal Officers of State, specified within the Statute of 25. Edw. 3. comprising all Crimes adjudged Treason. Flattery and a temporary conformity to the present and Arbitrary will of a Prince, are but shadows only, the true substance and highest degree of honouring Him is, when men in Place and Authority deputed thereunto, shall endeavour (as the Parliament Protested and were credibly believed) to have punished all Indignities, Affronts and Crimes which had or might have been committed against the Peace, His Crown and Dignity. The other sort of High Treason is Le Crime de Fausonnerie, two ways committed, either by counterfeiting the Coin or the Great Seal. Now with which sort of High Treason doth the King's Party charge the Parliaments? either with the first a purpose to destroy His Person, etc. as above recited? or the latter, the counterfeiting the Great Seal? not against His Person, The observing this Discourse throughout setting forth the Manner and Original of the Contention betwixt the King and His People (the Parliament only is as it were the Judge between both) doth manifest how improbable and untrue it doth appear, that the Parliament when five or six years since accused of Treason by the divided Members sitting at Oxford, did, then or at any time before, intent to levy and offensive War, to imagine or conspire the King's Death. It is one thing originally to intent, out of malice prepensed and forethought to devise or contrive a purpose, another thing through an inevitable necessity to act against and contrary to the intention of the Actors. If, by the way, any exquisite or choice ☞ Wits, of a more sublimate reach then their Fellow-Subjects, did know or could have discovered any dark or secret contrivances of such intendment or conspiracy against His Person, deeming all others of a narrow and lower capacity, ignorant and dull-spirited, they were too blame to conceal the Plot, the manner and means of effecting it: They had Power, Confidence and Liberty enough, when the divided Members being of their Party sat at Oxford, and there accused the Parliament sitting at Westminster of many treasonable Designs present, which (the quality of the Persons accusing being considered) they would leave no means unattempted to enhance their Power, to make good their Charge, for the Justice sake of their Proceed. So then the Case is briefly thus, The King's Party (together with the divided Members sitting at Oxford) have in their Declarations Printed there, charged the Parliament of High Treason, which Party to make good their Charge have striven and done their utmost to enforce their own to consume the Parliaments strength, as by inviting Foreigners and Natives to come in to their assistance, yea * See the Oxford Declaration pag. 26. & 27. Neutrals too, under pain of forfeiting their Allegiance and breach of Oath. The Parliament have on the other side, to defend themselves and friends from such guilt, the Neutrals also from the censure of Allegiance-forfeiting, as much contended to abate and take away the King's Parties Strength. Whereas the Objection now is, That the Parliament having of late, and many years together, consisted of three Estates, King, Lords and Commons, ceases now to be a Parliament; 'Tis answered, 'tis no less a Parliament by His death, then by His voluntary and continuated absence in person and affections; Besides, to satisfy the Objectors arguing, That by want of a King there is no such Court or Government, as that the want of Him doth totally vacate both. There be other sorts of Government known to all those that have read the Politics. Howbeit the Parliament hath heretofore consisted of three Estates (one of which is divided into two, Lords Spiritual and Temporal) Parliaments have been heretofore held, the * In the time of Edw. 1 at St Edmondsbury, Clero excluso. Crompt. Jurisdict. fol. 19 one excluded. If by reason of inconvenience in succeeding times they have discovered cause for the abolishing any of the other, preserving the Power and Government unto themselves, and therefore have changed the Monarchical into some other Form, They have not done it merely as Conquerors, to give new Laws unto the Conquered, but as a just Power lawfully convened, to defend and preserve the old from being broken and trampled on. In their disposing and constituting a Government, there are two things to be considered, the fact of Constituting, the equity and reason of the fact; as to the one, None will deny but it is within the compass of a Conquering Power to alter, abrogate, repeal and constitute: as to the reason and equity of so doing, that is to be left to the judgement and experience of those who do it. If the Court of Parliament have or shall require obedience to their Power, they require no more than what the Apostle enjoins; Let every soul be subject to the higher Powers, for there is no Power but of God, the Powers that be are ordained of Him. And whereas They have Enacted and Declared That all men in offices of Trust and Qualified shall promise to be true and faithful to this Common Wealth wherein they live and from whence they hold and enjoy their welfare, enforcing afterwards a Subscription and Engagement of Fealty unto the Commonwealth, as 'tis now established without King or House of Lords, the People's Subscription thereunto is no more, if small matters may hold resemblance with greater, than Tenants of a Manor unto a Lord thereof, unto whom, without disputing the right or title, they promise their present Fealty. If the Lord unto whom they have heretofore done homage, be disseised by a stronger than himself, take it either of Right or Power, the Tenants are to pay their homage to the Lord that is, or by denying it become subject to be distrained to what they are worth: for it is not to the Power already past or that which is to come, but to the Powers that be, unto which Subjection is to be rendered. The Inconveniencies may be many, discovered by their Prudence, which Commonwealths in a Monarchy may be subject to, when Princes in their absolute and monarchical estate abusing their Power and Liberty, have become Tyrants over the Lives and Liberties of the People, assuming moreover so much unto themselves or having been flattered by their Creatures to believe, That they are Gods on earth, as some of the Roman Emperors did arrogate unto themselves, That their Power is so vast, so sovereign, that the People were ordained for their behoof, to do and pay obedience in whatsoever they shall command, not the King for the * Quanquam Principes & Subditi sunt ex nume●o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, tamen naturâ & temports ratione prius fuerunt instituti Subditi. Principes vero (nisi qui Tyrannidem usurpâ●in●) non naturá ut Patres, sed ●uff●agio Subditorum & consensu, certis conditionibus, Subditorum g●atiâ constituti sunt. I●de illud Domini apud Daniel 4 32. Scias quod domineiur Altissimus in regno hominum & cu● voluerit dabit illud. Ex quo sequetur non Regum causâ Subdetos nasci, sed R●ges commod●s Subd●torum inservire debere. Pucan Institut. Theolog. tractat. de Magistrate. Thomas 1 part. 1 summa Theolog. quaest. 9 Art. 3. & 4. People's good, That Kings were accountable to none but God for whatsoever they do, as of late 'twas threatened. The case is now quite otherwise then in former times: Heretofore have been Civil Wars, None like this, consider it either in the manner for the beginning and continuance of it, for the opposite and cross Engagements even between the nearest friends, between Equals in all Degrees Relations and Faculties, where the engaging at the first might be upon a Misunderstanding only, the prosecution rests upon contending about several objects, rooted now in a Contention on the one side for, on the other side against absolute Monarchy; both Parties pretending to one and the selfsame End, PEACE. The difference is as a long time it hath been, about the means how Peace hath been forfeited, how lost; now how to regain and secure it when regained. The King's Party say (the moderate sort out of an unwillingness only to be Conquered, others of a fiercer spirit to be avenged on their adversaries) the surest and next way to Peace, is in the Prince his enjoying what his Father had; the Parliament judge quite contrary, for their own Safety, their Friends, and the Commonwealths. For whilst the Prince seems to imply a threatening to be avenged on them which have been Actors in His Father's Death, as in his a See them recited in the Diurnal, from the 15. of February, the 21, 1649. Letters to the marquis of Montrosse, and to the Committee of Estates in Scotland (amongst other things) he mentions who those Actors be, his meaning may admit a large extent, to bring within his Censure all who have Adhered to, Fought or Acted for the Parliament, b See the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, What the late King's Parties Opinion is of the Covenant, and wherefore at the first contrived: In the Marginal Note in the 41. Page of this Book, Covenanters, Non-Covenanters, with the a See the King's Parties Censure of them, in the Declaration printed at Oxford, 1643. Neutrals too, for not offering to defend the King. Not to defend or Forbear to Assist, is all one as to Offend. Whosoever shall look on in a Conflict betwixt two opposite Parties, his Affections questionless incline (whatsoever his Actions are) more to one Party then to the other: So Neutrals, such as have not acted for the King, being already by His Party adjudged Guilty, are subject to the Censure, and may be brought in within the compass of the Prince his meaning. On which account, whosoever have not declared themselves to have been some way for the King, will hardly avoid His Parties suspicion of having been for the other side, the Parliament. Now, where two Parties are extremely opposite in their Endeavouring, the one to maintain what They have got, the other to recover what they have lost, the judgement and practices on either part moving in a strong opposition each to other, whether the Prevailing Power need to enjoin or not new Ties and Leagues to conform All to the Obedience of their Power and Government? In a doubtful Conflict, where it is not agreed which Party will prevail (for it is which we may believe, either the Diurnals published by, and on the Parliaments behalf, or the Pamphleteers on the King's, venting much of their Success, and hopes to recover what they have lost) it is requisite in either case that the vanquished and weaker Party should join and unite themselves by Engagements and Leagues to strengthen and keep up the Power they have, when a small matter of Dividing (as whether they shall Engage or not) turns the Scale in weighing what is to be done. The cunning and wit practised by many, Dissuading from a Subscription to such Engagement, the manner of their practising of an abstruse and dark operation hardly to be perceived but by its effects, the maintenance of sedition, thence a pursuit of the hopes of Conquering by keeping up Divisions, even in matters of small weight or Difficulty. Sir, the scruple which some make, disputing the quality, the reason of the Engagement which the Parliament hath enjoined, is [That it is strange and new which the People are to subscribe unto.] A * St. Augustine. Father of the Church shows what is to be expected in an Innovation in a Commonwealth, Ipsa mutatio quae utilitate adjurat, etiam novitate perturbat. The novity and the not examining the necessity of their enjoining such Engagement to bring all men into one and the same entire judgement and agreement, the Enemy (divided now into several parties) his aim to keep men from accord and unity under pretence of the Conscience ensnared, enthralled by such Engagements, have raised these doubts to the hopes of a new distraction. Besides the Novity of a strange and unheard of Engagement to be imposed, other Discontents and heart-burnings are cherished, as in the Nobility to be detruded from their Privileges and Rights of sitting in the House of Parliament as Peers, to join with the Commons in the debate and handling the weighty affairs of the Commonwealth, as that those Lords who have been active and assistant, both in their Estates and Countenance, to promote the good of it during these Distractions, may think themselves neglected and ill-rewarded to be now debarred from their Ancient and Native Liberty of Voting in the House. The Reason of the Parliaments enjoining of the People's subscribing to this Engagement, rests upon the issue of these Questions. Whether there be a Necessity or not of entering into such League or Engagement: Whether the Conquest be fully made, or there need no Engagement for completing it? Whether the Kingdom of Ireland be reduced and brought into its former relation and commerce with this of England, that there be no danger or fears of breaking out again, when it shall be so reduced? Whether through and by reason of the continuance of these Distractions, which the Parliament would put a period unto, were they not so much opposed and inveighed against, this of England be not in danger of losing their ancient Rights and claims, their Freedom and Privileges of Commerce and Traffic, which heretofore they have enjoyed? a See this Question in part cleared, pag. 40. in the Scots partaking with the King concerning one remarkable Article of the large Treaty agreed upon, August 1641. Whether that of Scotland remain in the same condition of Amity and Brotherhood, as in their League and Covenant with England they at first united in? Whether whilst that is in dispute, we may rest secure from an hostile Invasion from them or Foreigners? Whether by these unnecessary Disputes and dissensions here at home, the Commonwealth be not in danger to lose that in the twinkling of an eye, which hath cost so much Treasure, Industry and Blood (for the Powers that be, once shaken & becoming weak, will soon fall) most men being apt to lay hold on the b Noli in caducum parictem inclinare, Lipsius Polit. Polititian's advice [Not to lean on a weak and tottering wall] The Judgement and knowledge of deciding this, rests in the Prudence and Experience of the State: who after a long time casting and consulting what was fittest to be done, what safest course to be taken for the strengthening and support of a firm and present Government, have Resolved upon an Universal Engagement in such manner and form as to their Wisdoms seems most expedient, and They have accordingly Declared and Ordained, that They knowing the justness of their Cause, aught in relation to the security and maintenance of their Power, to the Preservation of a firm and lasting Peace, to use all expedient and lawful means against the violent and restless Opposition of their Enemies; None so safe as by an Engagement and Subscription thereunto, Which if throughly weighed, crosseth no former Vow or Oath either of Protestation, Covenant, * See the Oath of Allegiance and Supremacy and why the taking it was enjoined in this Treatise, pag. 51. Oath of Allegiance or Supremacy, the Subscriber only promising to be true and faithful to the Commonwealth as it is now established without King or House of Lords. Not that the Nobility are thereby excluded for ever from their Privileges, as to succeeding Parliaments, if these continued Divisions beget not an universal ruin taking away the succession of Parliaments to be hereafter had, nor from an Envy or Neglect had by the House of Commons to take the Lords away, as hath been of late seditiously given out (for so the Gentry (of which the Parliament themselves consist) being in the next Rank to the Nobility, may fear their turn is next to be thrown from their station also and all become Leveled) but that the Persons and Estates of such of the Lords as have assisted the Court of Parliament in the time of their extremities may hence be preserved from ruin, as of others also of the Nobility whom the Enemy reckons since their first engaging for the King, to be offenders now, for their late submitting to their Compositions for Delinquency, for their complying with the Parliaments Votes; howbeit thereby they are free from molestation for the future, whilst the Parliament maintain and keep up their Power. Wherefore it is resolved that an universal Engagement shall be had as a Bond and League to bring all men into one and the same judgement, that from an a Mr. Lambard's Eirenarch. lib. 1. cap. 2. in in his Tract on K. Edw. 3. His Writ directed to the High Sheriff of Kent for the proclaiming a Peace, where he speaks first of uniting minds, then of restraining hands as a means to the Preservation of the Public Peace. Unity of minds, a Restraining of the hands may ensue, in order to the settling of a firm and lasting Peace. Admit that these Doubts were unquestionable, these Dangers so removed and taken away, to our best advantage and security, that there needed no Engagement or League to bring all men into one and the self same mind; yet the constant prejudice and ill-will which the Enemy hath to the Parliament and their Proceed, causeth him, with many more of his kind and spirit, to dislike and refuse the Engagement, because the Parliament hath enjoined it, and for no other cause, then to quarrel with and oppose their Authority. The other sort of High Treason, wherewith the Parliament stands charged, is, The making a new b See the Oxford Declaration, page 21. Great-Seal, counterfeiting the Kings: Observe Sir the justness of such Charge. The Great-Seal an instrument of State, whereby Justice is derived and distributed to the People, as the divided Members at Oxford do confess, being surreptitiously and vafrously taken away from the Parliament, the Representative Body of the People, contrary to the Trust reposed in the Keeper of the same, the making of a new one cannot be rightly judged Counterfeiting, within the meaning of the c 25 Edw: 3. Statute. Counterfeiting is a close and covert act against the knowledge and privity of a Superior and lawful Power, damnified by such Counterfeiting; nor is every thing which is made to the mould by which 'tis made, a simply Counterfeiting: The quality of the offence is discerned in the manner of the offending, and the making a Law commonly relates to some preterite crime or fraud: Now you will believe it is not where to be found upon Record, whereon to ground a Law, That a King and Parliament have at any time made use of any Great-Seal, to cross or thwart each others Actings: Many other Accusations of this kind are charged on them, * See the same Declaration, pag. 27. as Disturbers of the Peace, Authors and Fomentors of this, they call, Rebel on, and what else Malice and Revenge can invent divulge to render Them and their Actions infamous. But to return and show the Royalist his next hopes of prevailing, shadowed out even now. By attempting to bring in any Foreign Force, how wild or barbarous soever they be, how hard to get them out again out of this plentiful and flourishing Kingdom, yielding them all provisions, all Habiliments of War to strengthen themselves in This, as to provide for their next attempt elsewhere after they have destroyed and harassed This, not knowing how to distinguish between Presbyterian, Independent and Royal Party, and this to be driven on by him (in an hazardous and uncertain way) out of revenge and thirst to regain unto himself his power again, long since forfeited through his mistaken Loyalty, certainly through his disaffection to his Native Brethren of the same Kingdom; or without considering, which wise men should, that a small Foreign Force, unless aided by a discontented Faction here at home, will not do the work, a great one will destroy and overrun them also, which is easy and obvious to every vulgar capacity to foresee: for what Foreigner can be thought of to invade this Kingdom, whilst the Natives thereof are true unto & at unity within themselves? If it be objected, That the Subjects of This, taking up Arms to defend themselves will prove a leading case to the People in other States and Kingdoms to do the like. 'tis answered, The Government of This differs from all Forms of Government in other Nations, This being no absolute but a limited and mixed Monarchy where the King is (as a great a Bracton lib 4. Lawyer takes his Dimension) Vniversis minor, habet Superiores, Deum, Legem per quam factus est Rex, Curiam scilicet Comites, Barones, &c. The Laws Customs and Constitutions of This are distinct and different from all other Nations in the Christian world, others being Free-States simply and absolutely Monarchies, or Powers enforcing and conforming all under them to slavery and vassaladge. So that if a Foreigner shall attempt to invade This, it cannot be deemed he doth it from a sense of a like suffering with the King or to assist Him, rather to enrich himself, to pray upon the wealth and opulency of a fruitful and flourishing Kingdom. Your last Objection, That the Army's most noted b Mr. H. P. Preacher is (as you have heard) a disguised Jesuit; Other the like Falsehoods put upon him, of late reported, which few men besides the reporters do believe and scarcely they. If these Objections prove untrue or easily answered, the disgrace will recoil and injure them who lay them on. Sir if a man hath a mind to quarrel 'tis easy to find a staff. Your Eminency and Credit in your Country let in two Inconveniencies, A danger to be tempted by the opposite Party to comply and fall in with them, when mean and weak men are let alone, The other that it will far with you in your Defection as spots and soils in fine cloth; the finer the cloth the easilier the soiling is discerned, in ordinary and course it is not so. No question there are those in several parts of our Neighbouring Counties who may instill into your Ears a likelihood of the King's Party's prevailing, upon their prevailing the Dangers whereunto you and the rest of His Enemies are subject, also the weakness, the often failings, the inique or unfit Proceed of the Parliament, in preferring for the present Persons of a lower Degree then ordinary to Places and Offices of Trust; when as They were forced thereunto in that men of an higher rank discontented that their side cannot prevail refuse to bear such Offices: In their Fining and Punishing the King's Party for Delinquency, although not in so high and severe a way as the King's Party would have Punished Them in case they had prevailed; In continuing Taxes and Impositions upon their fellow Subjects for the maintenance of their Power and Army, Their Enemies not weighing the exigence and necessities which the Parliament is forced unto, but moved by their own prejudice and spleen against the Proceed of that Court, and resolvedly engaged for the King to make such men as you to be of their Party, but that we know you can out-argue them, the strength and quickness of their and their Party's arguments resulting merely from their pretence of Loyalty, or from that fierceness & height of spirit occasioned through the greatness of their Estates, therefore envying and are troubled to be overborn by men of lower fortunes. And this may give the hint of the vain surmise, That the Parliaments Design is to make the Estates of all men equal, to introduce a Levelling, when as men of great estates and spirits are armed with power to oppress and side with an Enemy against their meaner Brethren. Sir, If there be but a Defection in part, or abatement of constancy, which every occurrent of discontent heightened by your spirit, will or may soon turn into a total Defection in Persons so eminent as you, in other Counties as in this, consider what a Revolution of all things must then happen, how dangerous and fatal the effects will be, to render all men in all places engaged any way for the Parliament interpretably against the King, all Towns and Counties not consonant to the King's will when this War began, to be anew questioned, all Places and Offices by Ye conferred, all Commissions and Grants by Ye made, all Constitutions by Ye, or under Your Authority established, to be disturbed (the Persons accepting and invested in the same, exposed to Reproach and Scorn) by a new moulding and alteration to be had upon a Reconquering, in case such a chance should befall this Nation, and in man's apprehension cannot, unless your Divisions shall let in such Confusion and Misery, That those who have been your Friends, shall upon Punctilios & petty Differences become your Enemies & Accusers, afterwards a prey themselves to the first and common Enemy. Your active and constant Industry cannot degenerate into a revolting now. This reciting your Actions here, will assoil you from the suspicion; and leave a deeper Impress of your meritings, than any outward commerce or compliance can raze out. You may for aught we know deal with as reserved a subtlety to promote your first undertake, as the Adverse part think that you do to promote theirs. Lastly, this you may see in the sum of all, That if the prevailing Party in a Division shall divide according to their varying judgements, then subdivide, after subdivide again, there will be no end of such Dividings, until the number of your whole Army be reduced into few or none, and shattered in pieces, as your Enemies would have it, even as dust before the wind. For instance sake; The Kingdom did at first divide into a Party for the King, another for the Parliament, The Parliaments Party upon their Conquest did divide into Presbyterian, Independent; the Presbyterian if they shall prevail, may divide into a Scottish rigid Presbyterian, and an English Presbyterian of a milder test, and to be new moulded to the Conquerors fashion: If the Independent shall prevail, they may rend into new Sects and Divisions, and the prevailing party in such Sects may divide again, so there will be no end of Dividing till all be lost and scattered. Neither is it your, or your opposite party's fault alone, but the fault of both to weaken and consume Ye both. And what my fault is (the weakest of the Well-willers to your accord) I shall as willingly listen and submit unto: I fear my plain dealing, which you'll say might have been spared, and myself less . Nothing less Your faithful Friend to serve you. S. W. February 1649. FINIS.