Veritas inconcussa or, a most certain truth asserted, that King Charles the First, was no man of blood, but a martyr for his people. Together with a sad, and impartial enquiry, whether the King or Parliament began the war, which hath so much ruined, and undone the kingdom of England? and who was in the defensive part of it? By Fabian Philipps Esq;

KING CHARLES The first, No Man of Blood: BUT A Martyr for his People.

THat there hath been now almost seven years spent in Civil Wars, abundance of Blood-shed, and more Ruine and Misery brought upon the Kingdom by it, then all the se∣veral Changes, Conquests and Civil Wars it hath endured from the time of Brute, or the first Inhabi∣tants

of it; every mans woful ex∣perience (some onely excepted who have been gainers by it) will easily assent unto.

No mervail therefore that ma∣ny of those who (if all they al∣ledge for themselves, that they were not the cause of it, could be granted to be true) might either have hindred or lessened it, would now put the blame of so horrid a business from themselves, and lay it upon any they can perswade to bear it: And that the Conque∣rours, who would binde their Kings in Chains, and their Princes with fetters of Iron, and think they have a Commission from Heaven to do it (the guilt of it being ne∣cessarily either to be charged up∣on the Conquerors or conquered) are not willing to have their tri∣umphant Chayres, and the glories

(as they are made believe) that hang upon their shoulders, defiled with it; but do all they can to load their Captives with it. But how∣soever, though the successe and power of an Army hath fright∣ed it so far out of question, as to charge it upon the King and take away his life for it; by making those that must of necessity be guilty of the fact, if He should have been (as in all reason He ought to have been) acquited of it, the onely Judges of him;

It may well become the judge∣ment and conscience of every man that will be but either a good Subject or a Christian, not to lend out his Soul and Salvation so much on trust, as to take those that are parties, and the most igno∣rant sort of mens words for it: but to enter into a most serious

examination of the matter of Fact it self, and by tracing out the foot∣steps of Truth, see what a con∣clusion may be drawn out of it. In pursuance whereof (for I hope the original of this Sea of blood will not prove so unsearchable as the head of Nile) we shall en∣quire who first of all raised the Feares and Jealousies.

Secondly, represent & set down the truth of the matter of Fact, and proceedings betwixt the King and Parliament; from the tumultuous and seditious coming of the Peo∣ple to the Parliament and White∣hall, until the 25. Aug. 1642. when he set up his Standard at Notting∣ham, and from the setting up of his Standard until the 13 Septemb. 1642. when the Parliament by their ma∣ny acts of hostility, and a nega∣tive and churlish answer to his

propositions, might well have put him out of hope of any good to be obtained from them, by messages of Peace sent unto them.

Thirdly, whether a Prince or other Magistrate, labouring to suppresse or punish a rebellion of the People, be tied to those rules are necessary to the justifying of a war if it were made between equals.

Fourthly, suppose the war to be made with a neighbour Prince, or between equals, whether the King or Parliament were in the defensive or justifiable part of it.

Fifthly, whether the Parliament in their pretended magistracy have not taken lesser occasions to punish or provide against insurre∣ctions, treasons and rebellions, as they are pleased to call them.

Sixthly, who most desired

Peace, and offered fairliest for it.

Seventhly, who laboured to shorten the War, and who to lengthen it.

Eightly, whether the Conditions proffered by the King, would not have been more profitable for the People if they had been accepted, and what the Kingdom and Peo∣ple have got in stead of it.

CHAP. I. Who first of all Raised the Fears and Jealousies.

THe desiring of a guard for the Parliament because of a tale rather then a plot; That the Earl of Crawford had a purpose to take away the Marquis of Hamiltons life in Scotland; the refusing of a legal guard offered by the King; and His protestation to be as care∣ful of their safety, as of the safety

of His Wife and Children; The dream of a Taylor lying in a ditch in Finsbury fields, of this and the other good Lord, and Common∣wealths-men to be taken away; The training of horses under ground, and a plague-plaister (or rather a clout taken from a galled horse-back) sent into the House of Commons to Mr. Pym; A de∣signe of the Inhabitants of Covent-Garden to murther the City of Lon∣don; News from France, Italy, Spain and Denmark, of Armies ready to come for England; and a supposi∣tion, or feaverish fancy, That the King intended to introduce Po∣pery, and alter Religion, and take away the Laws and Liberties of the people, and many other the like seditious delusions, the People (so much as their mi∣sery will give them leave) have

now found out the way to laugh at; either came from the Parlia∣ment party, or were cherished and turned into advantages by them. For they had found the way, and lost nothing by it, to be ever jealous of the King; And whilest he did all he could to shew them, that there was no cause for it, they who were jea∣lous without a cause, could be so cunning, as to make all the haste they could to weaken Him, and strengthen themselves by such kind of artifices.

But He that could not choose, but take notice that there were se∣cret ties and combinations be∣twixt his English and Scottish sub∣jects, the latter of whom the Earl of Essex and Sir Thomas Fairfax themselves understood to be no better then Rebels, and therefore

served in places of Command in His▪ Majesties Army against them; That Sir Arthur Haselrig had brought in a Bill in Parlia∣ment to take the Militia by Sea and Land away from him, saw himself not long after by a prin∣ted Remonstrance or Declaration made to the People of all they could but imagine to be errours in his government, arraigned and little lesse then deposed; The Bi∣shops and divers great Lords dri∣ven from the Parliament by Tu∣mults; Was inforced to keep his gates at White-hall shut, and pro∣cure divers Captains and Com∣manders to lodge there, and to al∣low them a table to be a guard for him, and had been fully informed of many Trayterous Speeches u∣sed by some seditious mecha∣niques of London, as that, It was

pitty He should raigne, and that The Prince would make a better King, was yet so far from being jealous, or solicitous to defend himself by the sword and power which God had intrusted him with, as when he had need and reason enough to do it, he still granted them (that he might not seem to deny what might but seem to be for the good of his People) every thing they could reasonably ask of him, or he could but reasonably tell how to part with (though he could not be ignorant, but an ill use might be made of them a∣gainst himself) As the putting down of the Star-Chamber, and high Commission Court; the Courts of Honour, and of the North and Welch marches; Com∣missions for the making of Gun∣powder, allowing them approba∣tion

or nomination of the Lieve∣tenant of the Tower, and did all and more then all his Predeces∣sors put together, to remove their jealousies. And when that would not do it; stood still, and saw the game plaid on further; Many Tu∣mults raised, many Libels and Scandalous Pamphlets publiquely printed, against His Person and Government: and when he com∣plained of it in Parliament, so lit∣tle care was taken to redress it, as that the Peoples coming to West∣minster in a Tumultuous maner, set on and invited by Pennington and Ven, two of the most active Mechanick Sectaries of the House of Commons, it was excused and called a Liberty of Petitioning: And as for the Libels and Pam∣phlets, the licensing of Books be∣fore they should be printed, and

all other restraint of the printing presses were taken away, and com∣plaints being made against Pam∣phlets and Seditious books, some of the Members of the House of Commons were heard to say, The work would not be done without them; and complaints being also made to Mr. Pym against some wicked men which were ill affe∣cted to the Government; he an∣swered, It was not now a time to discourage their Friends, but to make use of them. And here being as ma∣ny jealousies and fears, as could possibly be raised or fancied with∣out a ground on the one side; a∣gainst all the endeavours could be used on the other side to remove them, We shall in the next place take a view of the matter of Fact that followed upon them, and bring before you.

CHAP. II. The Proceedings betwixt the King and the Parliament from the Tumultu∣ous and Seditious coming of the Peo∣ple to the Parliament, and White-Hall, till the 13. of September, 1642. being 18 dayes after the King had set up His Standard at Not∣tingham.

WHen all the King could do to bring the Parliament to a better understanding of Him, did, as they were pleased to make their advantage of it, but make them seem to be the more unsatis∣fied, that they might the better mis-represent Him to the People, and petition out of his hands as much power as they could tell how to perswade him to grant

them, and that he had proofs e∣now of what hath been since written in the blood and hearts of His People, That the five Mem∣bers and Kimbolton intended to root out Him and His Posterity; sub∣vert the Laws, and alter the Reli∣gion, and Government of the Kingdom, and had therefore sent His Serjeant at Arms to demand their persons, and Justice to be done upon them. In stead of obe∣dience to it, an order was made; a 1.1 That every man might rescue them, and apprehend the Serjeant at Arms for doing it; which Par∣liament Records would blush at. And Queen Elizabeth (who was wont to answer her better com∣posed Parliaments upon▪ lesser oc∣casions with a b 1.2 Cavete ne patienti∣am Principis laedatis, & caused Parry a Doctor of the Civil Laws, and a

Member of the House of Com∣mons, by the judgement and ad∣vice of as sage and learned a privy Council and Judges as any Prince in Christendom ever had, to be hanged, drawn, and quartered for Treason, in the c 1.3 old Palace of Westminster, when the Parliament was sitting) would have won∣dred at. And 4 January 1641. de∣siring only to bring them to a le∣gal tryal and examination, went in Person to demand them, and found that his own peaceable be∣haviour, and fewer attendants (then the two Speakers of the Par∣liament had afterwards when they brought a whole Army at their heels, to charge and fright away eleven of their fellow Members) had all maner of evil constructi∣ons put upon it, and that the Hou∣ses of Parliament had adjourned

into London, and occasioned such a sedition amongst the People, as all the Trained bands of London must guard them by Land, when there was no need of it, and ma∣ny Boats and Lighters armed with Sea-men and murdering pie∣ces by water, and that unlesse He should have adventured the mis∣chief and murder hath been since committed upon him, by those which at that time intended as much as they have done since; it was high time to think of his own safety, and of so many others were concerned in it; having left Lon∣don but the day before, (upon a greater cause of fear then the Speak∣ers of both Houses of Parliament in July 1647. to go to the Army) retires with the Prince His Son (whom the Parliament laboured to seise and take into their custody) in

His company towards York. 8. Ja∣nuary 1641. A Committee of the House of Commons sitting in London, resolved upon the questi∣on d 1.4 That the actions of the City of London, for the de∣fence of the Parliament, were according to Law; and if any man should arrest or trouble any of them for it, he is de∣clared to be an enemy to the Common-wealth. And when the King, to quiet the Parliament, 12 Jan. 1641. was pleased to signi∣fie, that for the present he would waive his proceedings against the five Members and Kimbolton, and assures the Parliament that upon all occasions He will be as careful of their Priviledges, as of His Life or His Crown: Yet the next day after, they De∣clared the Lord Digby's coming to

Kingston upon Thames but with a Coach and six horses in it, e 1.5 to be in a Warlike maner, and disturbance of the Common∣wealth; and take occasion there∣upon to order the Sheriffes of all Counties in England and Wales, with the assistance of the Justices of Peace, and trayned bands of the several Counties, f 1.6 to suppresse any unlawful assemblies, and to secure the said Counties and all the Magazines in them.

14 January, 1641. g 1.7 The King, by a second Message, professeth to them he never had the least inten∣tion of violating the least privi∣ledge of Parliament, and in case any doubt of breach of Priviled∣ges remain, will be willing to clear that, and assert those, by any rea∣sonable way His Parliament shall

advise him to. But the Design must have been laid by, or miscarried, if that should have been taken for a satisfaction; and therefore to make a quarrel which needed not, they Order the morrow after a Charge and Impeachment to be made ready h 1.8 against Sir Edward Herbert the Kings Attorney Gene∣ral, for bringing into the House of Peers the third of that instant January, by the Kings direction, a Charge or Accusation against Kimbolton and five Members, &c.

i 1.9 In February 1641. Seize upon the Tower of London (the great Magazine and Store-house of the Kingdom) and set some of the trained bands of London, com∣manded by Major General Skip∣pon, to guard it.

1. March 1641. Petition for the

Militia, and tell him; If he would not grant it, they would settle and dispose it without him: And the mor∣row after Resolve upon the Que∣stion, That the Kingdom be forthwith put in a posture of Defence; in such a way as was already agreed upon by both Houses of Parliament; and Order the Earl of Northumber∣land, Lord High-Admiral, to Rig, and send to Sea His Majesties Navy; and notwithstanding that the King 4 March 1641. by His Letter directed to the Lord Keeper Lit∣tleton, had signified that He would wholly desist from any proceed∣ings against the five Members and Kimbolton: Sir John Hotham, a Member of the House of Com∣mons, (who before the King had accused the five Members and

Kimbolton, k 1.10 had by Order of Par∣liament seized upon the Town of Hull, the onely fortified place of strength in the Kingdom, and made a Garison of it) summoned and forced in many of the trained Soldiers of the County of York to help him to guard it.

Eighth of March 1641. Before the King could get to York, it was Voted, That whatsoever the two Houses of Parliament should Vote or Declare to be Law, the People were bound to obey: And when, not long after, the King offered to go in person to suppresse the Irish Re∣bellion; That was Voted to be against the Law, and an en∣couragement to the Rebels; and they Declared that who∣soever should assist him in his Voyage thither, should be

taken for an enemy to the Common-weale. And 15 of March, 1641. Resolved upon the Question, That the several Com∣missions granted under the great Seal to the Lieutenants of the se∣veral Counties, were illegal and void, and that whosoever should execute any power over the Mili∣tia, by colour of any such Com∣mission, without consent of both Houses of Parliament, should be accounted a disturber of the peace of the Kingdom.

l 1.11 April 1642. Sir John Hotham seizeth the Kings Magazine at Hull, and when the King went but with a small attendance to demand an entrance into the Town, denies him; though he had then no Order to do it: Not∣withstanding all which, the 28 of April, 1642. they Vote, That

what he had done was in obedience to the commands of both Houses of Parlia∣ment, and that the Kings proclaiming him to be a Traytor, was a high breath of Priviledge of Parliament; And Ordered, All Sheriffs and Difficers to assist their Committees sent down with those their Votes to Sir John Hotham. In the mean time the Pulpits flame with sedi∣tious invectives against the King, and incitements to Rebellion, and the People running headlong into it, had all maner of countenance and encouragement unto it; but those Ministers that preached O∣bedience and sought to prevent it; were sure to be imprisoned, and put out of their places for it.

Sir Henry Ludlow could be heard

to say in the House of Commons, m 1.12 That the King was not worthy to Reign in England; And Henry▪s Marten, That the Kingly Office wa•• forfeitable, and the happiness of the Kingdom did not depend upon him and his Progeny: And though the King demanded justice of them, were neither punished, nor put out of the House, nor so much as que∣stioned or blamed for it.

The Militia, the principal part of the Kings regality, without which it was impossible either to be a King or to govern, and the sword which God had given him, (and his Ancestors for more then a thousand years together had en∣joyed) and none in the Barons wars, nor any Rebellion of the Kingdom since the very being or essence of it, durst ever heretofore presume to ask for; must now be

wrestled for, and taken away from him.

The Commissions of Array, being the old legal way by which the Kings of England had a power to raise and levy men for the de∣fence of themselves and the King∣dom, Voted to be illegal. The passage at Sea defended against him, and his Navy kept from him by the Earl of Warwick, whilest the King all this while contenting himself to be meerly passive, and only busying him∣self in giving answers to some Parliament Messages & Declara∣tions, & to wooe and intreat them out of this distemper, cannot be proved to have done any one acti∣on like a war, or to have so much as an intention to do it, unless they can make his demanding an entrance into Hull, with about

twenty of His followers, unarm∣ed, in His company, and under∣taking to return and leave the Governor in possession of it, to be otherwise then it ought to be.

5. of May, 1642. The King being informed, n 1.13 That Sir John Hotham sent out Warrants to Con∣stables to raise the Trained bands of York-shire, writes His Letter to the Sheriff of that Country to for∣bid the Trained bands, and com∣mands them to repair to their dwelling houses.

12. of May, 1642. Perceiving himself every where endangered, and a most horrid Rebellion framing against Him, and Sir John Hotham so near Him at Hull as within a dayes journey of Him, moves the o 1.14 Country of York for a Troop of horse, consisting of the prime Gentry of that Country, and a Re∣giment

of the Trained bands of foot, to be for a guard unto Him, & caused the oath of Allegiance to be administred unto them. But the Parliament thereupon Vote; p 1.15 That it appeared, the King sedu∣ced by wicked Councel, in∣tended to make a war a∣gainst them (and till then, if their own Votes should be true, must acquite Him from any thing more then an intention, as they call it, to do it) And that whosoever should assist him, are Lraytors by the funda∣mental Laws of the King∣dom. The Earl of Essex Lord-Chamberlain of the Kings hous∣hold, and all other of the Kings houshold servants, forbid to go to him, and the Kings putting some of them out, and others in their pla∣ces, Voted to be an injury to the Par∣liament.

Messengers were sent for the apprehending some Earls and Barons about Him, and some of His Bed-Chamber, as if they had been Felons. The Lord Keepers going to Him with the Great-Seal when He sent for him, Vo∣ted, To be a breach of Privi∣ledge, and pursued with a Warrant directed to all Mayors and Bayliffs to ap∣prehend him. Caused the Kings Rents and Revenues to be brought in to them; and forbid any to be paid Him; Many of His Officers and Servants put out of their places for being Loyal unto Him, and those that were ill affected to Him, put in their rooms; and many of His own Servants tempted and procured by rewards and

maintenance to tarry with them, and be false and active against Him.

The twenty sixth day of May, 1642. A Declaration is sent to the King, but printed and published before he could receive it: That,q 1.16 Whatsoever they should Vote, is not by Law to be questioned, either by the King or Subjects; No pre∣cedent can limit or bound their proceedings. A Parlia∣ment may dispose of any thing wherein the King or People have any right. The Soveraign power resides in both Houses of Parliament. The King hath no Negative voice. The levying of War against the Personal com∣mands of the King, though accompanied with His pre∣sence▪

is not a levying of War against the King, but a levy∣ing War against His Laws and Authority (which they have power to declare) is le∣vying of War against the King. Treason cannot be committed against His Per∣son, otherwise then as He was intrusted. They have power to judge whether He discharge His trust or not: that if they should follow the highest precedents of other Parliaments paterns, there would be no cause to com∣plain of want of modesty, or duty in them, and that it belonged onely to them to Judge of the Law.

r 1.17 27 of May, The King, by His Proclamation, forbids all His Subjects and Trained

bands of the Kingdom to Rise, March, or Muster. But the Parliament, on the same day Commanded all Sheriffs, Justices of Peace & Consta∣bles within one hundred and fifty miles of York, to seize and make stay of all Arms and Ammunition going thi∣ther: And Declaring the said Proclamation to be void in Law; s 1.18 command all men to Rise, Muster and March, and not to Muster or March by any other Authority or Commis∣sion; and the Sheriffs of all Coun∣ties the morrow after, command∣ed with the posse Comitatus to sup∣presse any of the Kings Subjects that should be drawn thither by His command, secure and seize upon the Magazines of the Coun∣ties, protected all that were Delin∣quents

against Him, make all to be Delinquents that attended him; and put out of the House of Peers, nine Lords at once, for obeying the Kings summons, and going to Him.

t 1.19 3. June, 1642. The King sum∣moning the Ministery, Gentry, and Free-holders of the County of York, declared to them the reasons of providing himself a guard, and u 1.20 that he had no intention to make a War, and the mor∣row after forbad the Lord Willough by of Parham to Mu∣ster and Trayn the County of Lincoln, who under colour of an Ordinance of Parliament▪ for the Militia, had begun to do it.

x 1.21 10▪ June, 1642. The Parlia∣ment by a Declaration signify∣ing, That the King intended to

make a War against His Parlia∣ment; invited the Citizens of London, and all others, well affe∣cted (as they pleased to miscall them) within 80▪ miles of the Ci∣ty, to bring money or plate into the Guild Hall London, and to sub∣scribe for Men, Horses, and Arms, to maintain the Protestant Religion; the Kings Person and Authority, free course of Justice, Laws of the Land, and priviledges of Parliament; and the morrow after send 19. propositions to the King; That the great affairs of the Kingdom and Mili∣tia, may be managed by con∣sent and approbation of Par∣liament, all the great officers of Estate, Privy Councel, Ambassadors and Ministers of State, and Judges be

chosen by them; that the Government, Education and Marriage of the Kings Children be by their consent and approbation, and all the Forts and Castles of the Kingdom put under the Command and Custody of such as they should approve of; and that no Peers to be made hereafter, should sit or vote in Parliament without the consent of Parliament; y 1.22 with several other demands (which if the King should have granted, would at once in effect, not only have un∣done, and put His Subjects out of His protection, but have depo∣sed both himself and his posteri∣ty) and then they would pro∣ceed to regulate His Reve∣nue, and deliver up the Town of Hull into such hands as the

King, by consent and appro∣bation of Parliament, should appoint.

But the King having the same day before those goodly demands came to his hands (being a greater breach of His Royal Priviledges then His demanding of the five Members and Kimbolton, if it had not been Lawful for him so to do, could be of theirs) z 1.23 granted a Commission of array for the County of Lecester to the Earl of Huntington, and by a letter sent along with it, directed it for the present onely to Muster, and Array the Trained bands.

a 1.24 And 13. June 1642. Decla∣red to the Lords attending Him at York, That He would not engage them in any War against the Parliament, un∣less it were for His necessary

defence: whereupon the Lord keeper Littleton, who a little before had either been affrighted or se∣duced by the Parliament to vote their new Militia, The Duke of Richmond, Marquis Hartford, Earl of Salisbury, Lord Gray of Ruthen, (now Earl of Kent) and divers Earls and Barons engaged not to obey any Order or Ordinance concerning the Militia which had not the Royal assent to it.

14 June, 1642. Being informed, b 1.25 That the Parliament en∣deavoured to borrow great sums of money of the City of London, and that there was great labour used to per∣swade His Subjects to fur∣nish horse and money, upon pretence of providing a guard for the Parliament: By His Letter to the Lord Mayor,

Aldermen, and Sheriffs of London, disavowing any purpose of ma∣king a War, declared, That He had not the least thought of raising or using of forces, un∣less He should be compelled to do it for His own defence; & forbiddeth therefore, the lending of money or raising of horses.

Within two days after, the Lord Keeper, Duke of Richmond, Marquis Hartford, Earl of Salis∣bury, Lord Gray of Ruthen, with 17 Earls and 14. Barons, the Lord Chief-Justice Bancks, and sundry others of eminent quality and re∣putation; attest His Majesties Declaration and profession that He had no intention to make a War; but abhorred it; and, c 1.26 That they perceived no Councels or preparations tending to any such de∣sign; and send it with His Maje∣sties

Declaration to the Parlia∣ment: In the mean time the Com∣mittee of Parliament (appointed to make the propositions to the City of London, for the raising of horse) viz.

15 June, 1642. Made report to the House of Commons, That the Citizens did very cheerfully ac∣cept the same, there being (for in∣deed there had been some design and resolution a year before con∣cerning the melting of plate to raise monies) already great store of plate, and monies brought in∣to Guild-Hall for that purpose; and an Ordinance of Parliament was made for the Earl of Warwick to be Lord Admiral, and keep the Navy, though the King had commanded him upon pain of Treason to deliver up the Ships to Him: And the Lord Brook sent

down into Warwich-shire to settle the Militia▪

17 June 1642. A Committee of both Houses was appointed to go to the City of London, to inquire what store of Horse, Monies and Plate were already raised upon the Propositions.

18 June 1642. The King by His Proclamation, Disclaiming any intention to make War against His Parliament, for∣biddeth all levies of Forces without His Majesties ex∣presse pleasure signified under His Great Seal.

And 20 June, 1642. Informing all His Subjects by His Procla∣mation, of the Lawfulness of His Commissions of Array, d 1.27 That besides many other War∣rants and Authorities of the Law; Judge Hutton and

Judge Crooke in their argu∣ments against the Ship-mo∣ney, agreed them to be Law∣ful; and the Earl of Essex him∣self had in the beginning of this Parliament accepted of one for the County of York: Gave his People to understand, That He had awarded the like Commissions into all the Counties of England, and Dominion of Wales, to pro∣vide for, and secure them in a legal way; lest under a pre∣tence of danger, and want of Authority from His Majesty to put them into a Military posture, they should be drawn and engaged in any oppositi∣on against Him, or His just Authority.

But 21 June, 1642. e 1.28 The Lords and Commons in Parlia∣ment

Declaring The design of their Propositions of rai∣sing horse and moneys was to maintain the Protestant Religion and the Kings Au∣thority and Person, and that the Forces already attend∣ing His Majesty, and His preparations. at first colour∣ed under the pretence of a guard (being not so great a guard as they themselves had constant∣ly for 6. moneths before) did evi∣dently appear to be intend∣ed for some great and extra∣ordinary disign (so as at this time also they do not charge the King with any maner of action of War, or any thing done in a way or course of War against them:) and gave just cause of fear and jealousie to the Parlia∣ment (being never yet by any

Law of God or man accounted to be a sufficient cause or ground for Subjects to make a War against their Soveraign) did forbid all Mayors, Sheriffs, Bayliffs, and other Officers, to pu∣blish His Majesties said Let∣ter to the City of London; And declare, that if He should use any force for the recovery of Hull, or suppressing of their Ordinance for the Militia, it should be held a levying War against the Parliament▪ and all this done before His Majesty had granted any Commission for the levying or raising of a man; and lest the King should have any maner or provision of War to de∣fend himself, when their Army, or Sir John Hotham, should come to assault Him; Powder and Armes were every where feized

on, and Cutlers, Gun-smiths, Sadlers, and all Warlike Trades, ordered not to send any to York; but to give a weekly account what was made or sold by them: And an Order made the 24. day of June, 1642. That the Horses which should be sent in for the Service of the Parlia∣ment, when they came to the number of 60. should be trained, and so still as the number increased.

4. July, 1642. The King by His Letter under His signe Ma∣nual, commanded all the Judges of England in their circuits, f 1.29 to use all means to suppresse Popery, Riots, and unlaw∣ful assemblies, and to give the People to understand His Resolution to maintain the Protestant Religion, and the

Laws of the Kingdom, and not to govern by any Arbi∣trary way; and that if any should give the King or them to understand of any thing wherein they held them∣selves grieved, and desired a just reformation; He would speedily give them such an answer as they should have cause to thank Him for His Justice and favour. But the same day a Declaration was pu∣blished by both Houses of Par∣liament, commanding, g 1.30 That no Sheriff, Mayor, Bayliff, Parson, Vicar, Curate, or other (Sir Richard Gurney the Lord Mayor of London, not ma∣ny dayes before having been im∣prisoned for proclaiming the Kings Proclamation against the bringing in of Plate, &c.) should

publish or Proclaim any Pro∣clamation, Declaration, or other Paper in the Kings Name, which should be con∣trary to any Order, Ordi∣nance or Declaration of both Houses of Parliament, or the proceedings thereof; and Order, h 1.31 That in case any forces should be brought out of one County into another to disturb the Peace thereof, they should be suppressed by the Trained bands, and Vo∣luntiers of the adjacent Counties. Shortly after Sir John Hotham fortifieth the Town of Hull, whilest the King is at York, i 1.32 seizeth on a Ship coming to Him with provisions for His houshold▪ takes Mr. Ashburnham, one of the Kings Servants, priso∣ner, intercepts Letters sent from

the Queen to the King, and drowneth part of the Countrey round about the Town; k 1.33 which the Parliament allows of, and promise satisfaction to the own∣ers.

5 July, 1642. They Order a subscription of Plate and Horse to be made in every Countey, and list the Horse under Commanders; and the morrow after, Order 2000. men should be sent to relieve Sir John Hotham in case the King should besiege him; to which purpose Drums were beat up in London, and the adjacent parts to Hull. The Earl of Warwick Ordered to send Ships to Humber to his assi∣stance; instructions drawn up to be sent to the Deputy-Lieute∣nants of the several Counties, to tender the Propositions for the

raising of Horses, Plate and Mo∣ney. Mr. Hastings and divers of the Kings Commissioners of Ar∣ray impeached for supposed high Crimes and misdemeanours; and a Committee of five Lords and ten of the House of Commons ordered to meet every morning, for the laying out of ten thousand pounds of the Guild-hall moneys, for the buying of 700. Horse, and that 10000. Foot to be raised in London and the Countrey, be imployed by direction of the Par∣liament; and the Lord Brook is furnished with 6. pieces of Ordi∣nance out of the Tower of Lon∣don, to fortifie the Castle of War∣wick.

And 9. July, 1642. Order, That in case the Earl of Northampton should come into that County with a Com∣mission

of Array, they should raise the Militia to suppresse him; And that the Common Councel of London should consider of a way for the speedy raising of the 10000. Foot, and that they should be listed, and put in pay within four dayes after.

11. July, 1642. l 1.34 The King sends to the Parliament to cause the Town of Hull to be delivered unto Him, and desires to have their answer by the 15. of that moneth, and as then had used no force against it: But m 1.35 the morrow after before that message could come unto them, they re∣solve upon the Question: That an Army shall be forthwith raised for the defence of the Kings Person, and both Houses of Parliament; and

n 1.36 those who have obeyed their Orders & Commands; in preserving the true Re∣ligion, the Laws, Liberties; and the Peace of the King∣dom; and that they would live and dye with the Earl of Essex, whom they nomi∣nate General in that Cause.

12. July, 1642. Declare, That, they will protect all that shall be imployed in their assistance and Militia.

And 16. July, 1642. Petition the King o 1.37 to forbear any preparations or actions of War; and to dismisse His ex∣traordinary guards, to come nearer to them, and hearken to their advice; but before that Petition could be answered, (wherein the King offered, when the Town of Hull should be deli∣vered

to Him, He would no lon∣ger have an Army before it, and should be assured that the same pretence which took Hull from him, may not put a Garrison into Newcastle (into which after the Parliaments sur∣prise of Hull, He was inforced to place a Governour and a small Garrison) He would also re∣move that Garrison, and so (as His Magizine and Navy might be delivered unto Him; all Armies and Le∣vies made by the Parlia∣ment laid down, the pretend∣ed Ordinance for the Militia disavowed, and the Parlia∣ment adjourned to a secure place) He would lay down Armes and repair to them, and desired all differences might be freely debated in a

Parliamentary way, where∣by the Law might recover its due reverence, the Sub∣ject his just Liberty, Parlia∣ments their full vigour and estimation, and the whole Kingdom a blessed Peace and prosperity, and requiring their answer by the 27. of that July promised, till then, not to make any attempt of force upon Hull;) they had Armed their General with power against Him, given him a Com∣mission to kill and slay all that should oppose him in the execu∣tion of it, and chosen their Ge∣neral of the Horse.

8. August, 1642. Upon infor∣mation, That some of the Town of Portsmouth had revolted to Col∣lonel Goring, (being but sent thi∣ther with a message from the

King) and Declared for His Ma∣jesty; Order Forces to be sent thither speedily to beleaguer it by Land, and the Earl of Warwick to send thither 5. Ships of the Navy to prevent any Forraign forces coming to their assistance: and upon Intelligence that the Earl of Northampton appeared with great strength at Banbury, to hinder the Lord Brooks carrying the pieces of Ordinance to Warwick; Order∣ed 5000. Horse and Foot to be sent to assist Him.

9. August, 1642. Upon infor∣mation, That the Marquis of Hartford, and divers others, were in Somerset-shire, demanding obe∣dience to the Kings Commission of Array, and to have the Maga∣zine of the County to be deliver∣ed unto them; Gave power to the Earl of Essex their Lord-General,

the Lord Brook and others, to apprehend the Marquis of Hart∣ford, and Earl of Northampton, and their complices, and to kill and slay all that should oppose them. And the day following gave the Earl of Stamford a Commission to raise forces for the suppressing of any that should attempt for the King in Leicester-shire or the ad∣jacent Counties.

And on the eleventh of August, 1642. Upon the Kings Procla∣mation two dayes before, Decla∣ring the Earl of Essex, and all that should adhere unto him in the le∣vying of Forces, and not come in and yield to His Majesty within 6. dayes, to be Traytors: p 1.38 vote the said Proclamation to be against the Fundamental Laws of the Kingdom; Declare their resolu∣tions to maintain and assist the

Earl of Essex; and resolve to spend no more time in Decla∣rations and Petitions, but to endeavour by raising of Forces to suppress the Kings Party, (Though all that the Kings Loyal Subjects did at that time for Him, was but to exe∣cute the Commission of Array in the old legal way of the Militia) and within a day or two after, Or∣dered the Earl of Essex, their Lord General, to set forth with his Ar∣my of Horse upon the Monday fol∣lowing; but not so much as an answer would be afforded to the Kings message sent from Hull, where, whilest He with patience and hope forbore any action▪ or attempt of force, according to His promise: Sir John Hotham sal∣lied out in the night, and murder∣ed many of His fellow Subjects.

12. August, 1642. The King, though he might well understand the great leavies of Men and Armes ready to march against Him, by a Declaration published to all His Subjects, assures them, as in the presence of God, That all the Acts passed by him in this Parliament, should be as equally obser∣ved, as those which most of all concerned His own inte∣rest and rights, and that His quarrel was not against the Parliament, but particular men; and therefore desired, That the Lord Kimbolton, Mr. Hollis, Sir Henry Lud∣low, Sir Arthur Haslerig, Mr. Strode, Mr. Martin, Mr. Ham∣pden, Alderman Pennington, and Capt. Venne, might be delivered into the hands of

Iustice, to be tried by their Peeres, according to the known Laws of the Land, and against the Earles of Essex, Warwick, Stamford; Lord Brook, Sir John Hotham, Ma∣jor General Skippon, and those who should exercise the Militia by vertue of the Ordi∣nance, He would cause In∣dictments to be drawn of High Treason upon the Statute of 25. Edw. 3. and if they submit to trial, and plead the Ordinance, would rest satisfied if they should be acquited. But when this pro∣duced as little effect as all other endeavours He had used for peace; He that saw the Hydra in the mud and slime of Sedition, in its Em∣bryo, birth and growth▪ and finds him now erected ready to devour

him, must now (though very unwilling to cast off His beloved Robe of Peace, forsake an abused patience, and believe no more in the hopes of other remedies which had so often deceived Him: but if He will give any account to the Watch-man of Israel of the People committed to his Charge, or to the People of his protection of them, or any maner of satisfacti∣on to his own judgement and discretion) betake himselfe to the sword which God had intrusted Him with▪ and therefore makes the best use He could of those few friends were about Him, and with the money which the Queen had not long before bor∣rowed, and the small supplies He had obtained of His servants and friends about Him (who pawned and engaged their Plate, Jewels

and Lands for Him) with those Lords and Gentlemen that wil∣lingly offered to bear him compa∣ny in His troubles; provides what men & arms He could in his way towards Nottingham, where He intended to set up His Standard.

But the Parliament about the 23. of August, 1642. having re∣ceived some information that He intended to set up His Standard at Nottingham, Declare, q 1.39 That now it appears to all the world, that there is good ground of their fears and jealousies (which if ever there had been any, as there was no cause at all of any, more then that, some of them meaning to murder or ruine Him, they were often afraid He should take notice of it, and seek to defend himself; there was by

their own confession, till this time, no manifest or certain ground appearing that He intend∣ed to defend himself against the Parliament) and therefore Order, That all that shall suffer in their Estates by any forces raised by the King, without consent of Parliament, shall have full reparation of their damages out of the Estates of the Actors, and out of the Estates of all such Per∣sons in any part of the King∣dom who should persist to serve the King in this War against the Parliament; and That it should be Lawful for any number of persons to ioyn and defend themselves; and that the Earl of Essex, their General, should grant out Commissions for levy∣ing

and conducting forces in∣to the Northern parts; And Sir John Hotham the Gover∣nor of Hull assist them; and Command also the Sheriffs of the County of York, and the adjacent Counties, with the power of the Counties, and Trained bands to aide them, and to seize upon all that shall execute the Com∣mission of Array for His Ma∣jesty: who thus sufficiently beset by those that intended, what since they have brought to pass against Him;

25 August; 1642. (being some dayes after the Earl of Bedford had marched with great forces into the West) that His Subjects might be informed of His danger and repair to His succour; set∣teth up His Standard at Nottingham;

r 1.40 being a thing of a meer legal necessity, if He would have any at all to come to help Him, and not forfeit and surprise those that by tenure of their Lands, or by reason of offices, fees, or annui∣ties enjoyed under Him, were more immediately bound to assist Him.

And yet here He must weep over Jerusalem; and once again in∣treat the Parliament, and His Re∣bellious subjects to prevent their own miseries; and therefore sends the Earls of Southampton and Dor∣set to the Parliament to desire a Treaty, offering to do all on His own part which might advance the Protestant Religion, op∣pose Popery and Superstiti∣on, and secure the Laws and Liberties of his Subjects, and just priviledges of Par∣liament:

Which after several scornes put upon those Noble Messengers, as denying the Earl of Southampton to come and sit in the House of Peers (a right by birth and inheritance due unto him) and causing the Serjeant at Arms of the House of Com∣mons to go before him with the Mace, as they use to do before De∣linquents: They refuse to accept of, unless the King would first take down His Standard, and recal His Declarations and Proclamations against them. To which the King the 5. Septemb. 1642. (notwithstanding the Earl of Bedford had with great forces in the mean time besieged the Marquis of Hartford in the Castle of Sherborn in Dorset-shire) reply∣ing, That He never did De∣clare nor ever intended to

Declare both His Houses of Parliament to be Traytors, or set up His Standard against them; much less to put them and the Kingdom out of His protection. And utterly s 1.41 pro∣testing against it before God and the World, offered to re∣cal His Declarations and Proclamations with all cheerfulness the same day that they should revoke their Declarations against those that had assisted Him: and desiring a Treaty, and conjuring them to consider the bleeding condition of Ireland, and the danger of England, under∣takes to be ready to grant any thing shall be really good for His Subjects; which be∣ing brought by the Lord Falkland, one of His Majesties Secretaries

of State, and a Member of the House of Commons, and not long before in a very great esteem with them (all the respect could be afforded him being to stand at the Bar of the House of Com∣mons, and deliver his Message unto them) had onely an answer in a printed Declaration of the Lords and Commons returned unto him, That it was Ordered and Declared by the Lords and Commons in Parliament, That the Arms which they have been forced to take up, or shall be forced to take up, for the preservation of the Par∣liament, Religion, and the Laws and Liberties of the Kingdom, shall not be laid down until His Majesty shall withdraw His protection from such persons as have

been voted by both Houses of Parliament to be Delin∣quents, or that shall by t 1.42 both Houses of Parliament be voted to be Delinquents, (which after their mad way of voting mig•••• have been himself, his Queen or His Heir apparent) and leave them to the Iu∣stice of Parliament, accord∣ing to their demerites, to the end that those great Char∣ges and damages where∣withal the Common wealth hath been burdened since His Majesty departed from the Parliament, might be born by the Delinquents and o∣ther Malignant and dis-af∣fected persons, and that those who by Loans of money, or otherwise at their charges, have assisted the Common∣wealth,

or shall in like maner hereafter assist the Common∣wealth in times of extream danger, (and here they would al∣so provide for future friends and quarrels) may be re-paid all sums of money le•••• for those purposes, and satisfied their charges susteined out of the Estates of the said Delin∣quents, and of the Malig∣nant and dis-affected party in this Kingdom.

And to make good their words 8. of September, 1642. Before their answer could come unto the Kings hands, Ordered certain numbers of horse and foot to be sent to Garrison, and secure Ox∣ford; and the morrow after (be∣fore the King could possibly re∣ply unto it) their Lord General the Earl of Essex, marched out of Lon∣don

against him, with an Army of 20000. men, horse and foot, gal∣lantly Armed, and a great train of Artillery to attend him.

Notwithstanding all which, and those huge impossibilities which every day more and more appeared of obtaining a Peace with those who were so much a∣fraid to be loosers by it, as they never at all intended it;

The King must needs send one message more unto them, to try if that might not give them some occasion to send Him gentler con∣ditions; and therefore 13. Septem∣ber, 1642. (Being the same day they had impeached the Lord Strange of High-Treason for exe∣cuting the Kings Commission of Array, and Ordered the proposi∣tions for furnishing of horse, plate, and money, to be tendred

from house to house, in the Ci∣ties of London, & Westminster, & to be sent into all the Shires & Coun∣ties of England to be tendred for the same purpose, and the names of the refusers to be certified) Mr. May, one of the Pages to the King, comes to the Lords House in Parliament, with a message from Him, bearing date but two dayes before; u 1.43 That al∣though He had used all ways and means to prevent the present distractions and dan∣gers of the Kingdom, all His labours have been fruitless, that not so much as a Trea∣ty, earnestly desired by Him, can be obtained, (though He disclaimed all His Proclama∣tions and Declarations, and the erecting of His Standard as against His Parliament)

unless He should denude him∣self of all force to defend Him from a visible strength marching against Him; That now He had nothing left in His power, but to express the deep sense He had of the publique misery of the King∣dom, and to apply himself to a necessary defence, wherein He whoily relied upon the providence of God; and the affection of His good people, and was so far from putting them out of His protection, as when the Parliament should desire a treaty He would piously remember whose blood is to be spilt in this quarrel, and cheerfully embrace it.

But this must also leave them as it found them, in their ungodly

purposes, for the morrow after be∣ing the 14. day of Septemb. 1642. Mr. Hampden one of the 5. Mem∣bers (by this time a Collonel of the Army) brings letters to the House of Commons from the Parliaments General, that he was at Northampton in a very good posture, and that great num∣bers of the Countreys thereabouts came in dayly unto him, and of∣fered to march under him, and that so soon as all his forces that are about London shall come unto him, which he desires may be hastened, he intended to advance towards His Majesty: and it was the same day voted, That all things sealed by the Kings Seal, since it was carried away by the Lord Keeper Littleton, should be Null, and of no force in the Law, and that a new Seal should be provided.

The King therefore seeing what He must trust to, 19. Septem∣ber, 1642. being at Wellington in Shrop-shire in the head of such small forces and friends as He could get together, (for the Par∣liament that very day had recei∣ved letters, That the King, but the week before, having a muster at Nottingham, there appeared but about 3000. foot, and 2000. horse, and 1500. dragoons; and that a great part of His men were not provided with Arms) made His protestation and promise as in the presence of x 1.44 Almighty God, and as He hoped for His bles∣sing and protection, to main∣tain to the utmost of His power the true Reformed Protestant Religion, establi∣shed in the Church of Eng∣land, and that He desired to

govern by the known Laws of the Land, and that the Liberty and property of the Subject should be preserved with the same care as His own just rights; and to ob∣serve inviolably the Laws consented to by Him in this Parliament, and promised as in the sight of Almighty God, if He would please by His blessing upon that Army raised for His necessary de∣fence, to preserve Him from that Rebellion, to maintain the just priviledges and free∣dom of Parliament, and go∣vern by the known Laws of the Land. In the mean while, if this time of War, and the great necessity and straights He was driven to, should be get any violation of

them, He hoped it would be imputed by God and man to the Authors of the War, and not to Him who had so ear∣nestly desired and laboured for the Peace of the King∣dom, and preservation there∣of; and that when He should fail in any of those particu∣lars, He would expect no aid or relief from any man, nor protection from Heaven.

And now that the stage of War seems to be made ready, and the Parliament party being the bet∣ter furnished, had not seldom shewed themselves, and made several traverses over it (for in∣deed the King having so many necessities upon him, and so out of power and provision for it, might in that regard onely if He had not been so unwilling to have

any hurt come to his people by his own defending of himself, be backward and unwillingly drawn unto it,) we may do well to stand by and observe who cometh first to act upon it.

22. of September, 1642. The Earl of Essex writeth from War∣wick that he was upon his march after the King, and before the 6. of October following had written to the County of Warwick with all speed to raise their Trained bands and Voluntiers to resist his forces if they should come that way, and to the three Counties of Northamp∣ton, Leicester and Darby, to gather head and resist him if he should retire into those parts; and by all that can be judged of a matter of fact, so truely and faithfully re∣presented, must needs be acknow∣ledged to have great advantages

of the King, by the City and Tower of London, Navy, Ship∣ping, Armes, Ammunition, the Kings Magazines, all the strong Towns of the Kingdom, most of the Kingdoms plate and money, the Parliaments credit and high esteem, which at that time the people Idolized; the fiery Zeal of a Seditious Clergy to preach the people into a Rebellion, and the people head-long running into the witchcraft of it: When the King on the other side, had little more to help him, then the Laws and Religion of the Land, which at that time every man be∣gan to mis-construe and pull in pieces, had neither ammunition, ships, places of strength, nor mo∣ney, nor any of his party or fol∣lowers after the Parliament had as it were proclaimed a War a∣gainst

Him, could come single or in small numbers through any Town or Village, but were either openly assaulted, or secretly be∣trayed, no man could adventure to serve or own him, but must expose himself, and his Estate to be ruined, either by the Parlia∣ment or people, or such as for malice or profit would inform a∣gainst him. All the gains and places of preferment, were on the Parliaments part, and nothing but losses and mis-fortunes on the Kings: No man was afraid to go openly to the Parliaments side, and no man durst openly so much as take acquaintance of his Soveraign, but if he had done a quarter of that which Ziba did to David when he brought him the 200. loaves of bread, or old Bar∣zillai, or Ittai the Gittise when he

went along with him when his son Absalom rebelled against him; They should never have escaped so well as they did, but have been sure to be undone and sequestred for it. So much of the affections of the people had the Parliament cousened, and stoln from them, so much profit and preferment had they to perswade it, and so much power to enforce those, that other∣wise had not a minde to it, to fight against him; Who thus every way encompassed about with dangers, and like a Partridge hunt∣ed upon the Mountains; march∣eth from Shrewsbury towards Ban∣bury, perswading and picking up what help and assistance His bet∣ter sort of Subjects durst adven∣ture to afford Him: in the way to which

On Sunday the 23. of October,

1642. (for they thought it bet∣ter to rob God of his Sabbath, then lose an opportunity of murder∣ing their Soveraign) The Earl of Essex and Parliament army powr∣ing in from all quarters of the kingdom upon him, had at Edge∣hill compassed Him in on all sides; and before the King could put His men in battel Array (many of whom being young country fel∣lows had no better Arms then Clubs and Staves in their hands cut out of the hedges) and put His two young Sons the Prince of Wales and the Duke of York in the guard of a troop of horse at the further end of the field, and had finished a short prayer, a bul∣let of the Earl of Essex's Canon grazed at His heels, as He was kneeling at His prayers on the side of a bank (for Blague a vil∣lain

in the Kings Army having a great Pension allowed Him for it, had given notice in what part of the field the King stood, that they might the better know how to shoot at him.) But God having a greater care of his Anointed then of their Rebellious pretences; so ordered the hands of those that fought for the King; as the Earl of Essex was so loaden with Victo∣ries, as he left five of His men for one of the Kings dead behinde him; lost his babbage and Artil∣lery, retired back to Warwick, and left the King to bless God in the field; where He supped with such Victuals as the more Loyal and better natured neighbours sent him, when the worser sort refused to do it, and lying there all night sent warrants out the next day to the neighbour Parishes to bury

the dead; drew off His Ordinance and marched to Banbury, and yet he could not forget to pity those which were at such pains, and ha∣zard the day before to murther him; but before he went out of the field sent Sir William Le-neve Cla∣rencieux King at Arms to Warwick, whither the Earl of Essex was fled, with a Proclamation of Pardon to all that would lay down arms, which though they scornfully re∣ceived, and the Herald threatned to be hanged if he did not depart the sooner, cannot perswade him from sending a Declaration or Message to the Parliament to of∣fer them all that could be request∣ed by Subjects; but all the use they made of it; was to make the City of London believe they were in greater danger then ever, if they lent them not more moneys,

and recruited the Earl of Essex his broken Army; and to cousen and put the people on the more to seek their own misery, a day of thanks∣giving was publiquely kept for the great Victory obtained against the King. And Stephen Marshal a Factious bloody minister, though he confessed he was so carried on in the crowd of those that fled from the battel, as he knew not where he was, till he came to a Market Town, which was some miles from Edge-hill where the Battel was fought, preaches to the people (too little believing the Word of God, and too much believing him:) That to his knowledge there was not above 200. men lost on the Parliaments side; that he picked up bullets in his black Velvet cap, and that a very small supply would now

serve to reduce the King, and bring Him to His Parliament.

And here ye may see Janus Temple wide open, though the doors of it were not lift off the hinges, or broken open at once, but pickt open by those either knew not the misery of War, or knowing it will prove to be the more guilty promoters of it. That we may the better therefore find out (though the matter of Fact already represented may be evidence enough of it self) who it was that let out the fury and rage of War upon us, we shall consider.

CHAP. III. Whether a Prince or other Magistrate, labouring to suppress, or punish a Rebellion of the People, be tyed to those rules are necessary for the ju∣stifying of a War, if it were made between equals.

WAr where it is made by any rules of justice between e∣quals, is to be for necessity, where the determining of controversies cannot otherwise be obtained, or when between two Princes of e∣qual power it cannot be had, be∣cause they have no superiour: A Rebel therefore cannot properly be called an enemy, for Hostis nomen notat aequalitatem; and when any such arms are born against Re∣bels, it is not to be called a War, but an exercise of jurisdiction up∣on traiterous and dis-loyal per∣sons:

y 1.45 atque est ratio manifesta, saith Albericus Gentilis; qui enim jure judex est & superior, non jure co∣gitur ad subeundas partes partis & aequalis, & non est bellum cum latroni∣bus, praedonibus aut piratis, quanquam magnos habeant exercitus, & pro∣inde nec ulla cum illis belli jura, saith z 1.46 Besoldus: The Romans who were so exact and curious in their publique denouncing of War, and sending Ambassadors before they made War against any other Nation; did not do it in cases of rebellion and defection, and therefore a 1.47 Fidenatibus & Cam∣panis non denunciant Romani: And Cicero that was of opinion, that nullum bellum justum haberi videtur nisi nunciatum, nisi indictum, nisi re∣petitis rebus, stood not upon those solemnities in the Cataline conspira∣cy; for the rules of justifying a

War against an enemy or equals as demanding restitution, denun∣ciation, and the like, are not re∣quisite in that of punishing of Rebels; b 1.48 Pompey justifies the war maintained by the Senate against Caesar (not then their Soveraign) with neque enim vocari praelia justa decet, &c. Cicero did not think it convenient to send Ambassadors to Anthony, nor intreat him by fair words; but that it was meet to enforce him by Arms to raise his siege from Mutina, for he said, c 1.49 They had not to do with Hanni∣bal an enemy to the Common-wealth, but with a Rebellious Citizen. The resisting of the Kings Authority when the Sheriff of a County goes with the posse Comitatus, to execute it, was never yet so much as called a War, but Rebellion, & insurrection or commotion, were

the best terms which were besto∣wed upon it. (For such attempts are not called wars, but robberies, of which the Law taketh no other care of but to punish them) And the haste that all our Kings and Princes in England have made in suppressing Rebellions (as that of the Barons Wars by Henry the 3. and his sending his son the Prince to besiege Warren Earl of Surrey in his Castle of Rygate for affronting the Kings Justices, say∣ing, That he would hold his Lands by the Sword: That which Ri. 2. made to suppresse Wat. Tiler, H. 6. Jack Cade, H. 8. Ket and the Nor∣folk Rebels, and Queen Eliz. to suppress the Earls of Northumber∣land and Westmerland) may tell us that they understood it no other∣wise then all the Kings and Ma∣gistrates of the World have ever

practised it, (by the d 1.50 Laws of England, if Englishmen that are Traytors go into France and con∣federate with Aliens or Frenchmen, and come afterwards and make a War in England and be taken pri∣soners, the strangers may be ran∣somed, but not the English, for they were the Kings Subjects, and are to be reckoned as Traytors; not strangers:) And the Parliaments own advise to the King to sup∣press the Irish Rebels that plough∣ed but with their own Heyfer, and pretended as they did to de∣fend their Religion, Laws, and Liberties: and the opinion also of Mr. President Bradshaw, as Sir John Owen called him, in his late sentence given against the Earls of Cambridge, Holland and Norwich, Lord Capel and Sir John Owen, whom he mistakenly (God and

the Law knows) would make to be the subjects of their worser fellow subjects, may be enough toturn the question out of doors.

But lest all this should not be thought sufficient to satisfie those who can like nothing but what there is Scripture for, we shall a little turn over the leaves of that Sacred Volume, and see what is to be found therein concerning this matter.

Moses who was the meekest Magistrate in the World, and bet∣ter acquainted with Him that made the fifth Commandment then these that now pretend Re∣velations against it; thought fit to suppress the Rebellion of Corah, Dathan and Abiram, as soon as he could; and for no greater offence then a desire to be co-ordinate with him, procured them to be

buried alive with all that apper∣tained unto them.

When Absalon had Rebelled a∣gainst his father David, and it was told him; e 1.51 That the hearts of the men of Israel were after him, Da∣vid a man after Gods own heart, without any Message of Peace or Declaration sent unto his dear son Absalon; or offering half or any part of his Kingdom to him, sent three several armies to pursue and give him battail.

When Sheba the son of Bichri blew a Trumpet and said, f 1.52 We have no part in David, every man to his Tent O Israel; and thereupon every man of Israel followed after him and forsook their King: David (who knew that Moses would not make a War upon the Amorites, though he had Gods commandment for it, without offers of Peace, and

messengers sent first unto them) said to Amasa, Assemble me the men of Judah within three dayes: and when he tarried longer, said unto him; Take thou thy Lords servants and pur∣sue after him, lest he get him fenced Ci∣ties and escape us.

For they that would take heed of Cockatrices, have ever used to kill them in the shell. And g 1.53 dili∣genti cuique Imperatori ac magistratui danda est opera (saith Bodin) ut non tam seditiones tollere quam praeoccupare studeant. For sedition (saith he) once kindled, like a spark of fire, blown by popular fury, may soon∣er fire a whole City then be extin∣guished. Et tales igitur pestes oppri∣mere derepente necesse est, Princes and Soveraigns who are bound to protect, and defend their Sub∣jects, are not to stand still, and suffer one to oppress another, and

themselves to be undone by it af∣terwards.

But put the case that the Parlia∣ment could have been called •• Parliament when they had driven away the King, which is the head and life of it, or could have been said to have been two Houses of Parliament, when there was not at that time above a third part of the House of Peers, nor the half of the House of Commons re∣maining in them, and what those few did in their absence was ei∣ther forced by a Faction of their own, or a party of Seditious Lon∣doners (for indeed the War rightly considered was not betwixt the Parliament and the King, but a War made by a Factious and Se∣ditious part of the Parliament, a∣gainst the King, and the major part of the Parliament) and had

been (as it never was nor could be by the Laws and constitution of the Kingdom) co-ordinate and equal with the King, and joint tenants of the Kingdom; it would have been necessary to make the War as just as they could, and to have done all that had been in or∣der to it: and therefore we hope they which pretend so much to the Justice of the Kingdom, will not be offended to have the Ju∣stice of their War something exa∣mined.

CHAP. IV. Suppose the War to be made with a neighbour Prince, or between equals; whether the King or Parliament were in the defensive or justifiable part of it.

PLerique, h 1.54 saith learned Grotius, tres statuunt bellorum justas cau∣sas, defensionem, recuperationem, & punitionem. Three causes are usu∣ally alleaged by Princes or States to justifie wars, viz. in the de∣fence or recovery of their own, or for punishment for a wrong done. For any defence the Par∣liament might pretend a ne∣cessity of; The King neither as∣saulted them, nor used any vio∣lence to them when they first of all granted out their Propositions

and Commissions of War, unless they can turn their jealousies into a Creed, and make the Kings de∣manding the five Members and Kimbolton (being done by war∣rant of the Law of the Land, and the Records and precedents of their own houses) appear to be an assaulting of them. Or if any reasonable man knew but how to make that to be an assault, or a necessary cause of War for them to revenge it; the Kings waving and relinquishing of his charge afterwards against them, might have certainly been enough to have taken away the cause of it, (if there had been any) howsoe∣ver, a War made onely to revenge a bare demand or request of a thing was neither so much as for∣ced or a second time demanded of them, but was totally laid aside

and retracted; can never be ac∣counted just.

As for the recovery of things lost, or taken away, the Parlia∣ment it self, had nothing taken from them, for both they and the people were so far from being lo∣sers at that time by the King, as i 1.55 the Remonstrance of the House of Commons made to the people 15. December, 1641. of the Kings errors (as they pleased to call them) in the government (but indeed the errors rather of his Ministers and themselves also, in busying him with brawles and quarrels, and denying to give him fitting supplies,) k 1.56 mentions how much, and how many bene∣ficial Laws the King had granted them. And so the Parliament and people being no losers, and the King never denying them any

thing which could in honour or conscience be granted them; That part of the justifying of a War will no way also belong to them.

But if the punishment for of∣fences and injuries past (if they could be so properly called) being a third cause of justifying a War, could be but imagined to be a cause to justifie the Parliaments War against the King; Yet they were to remember another Rule or Law of War, l 1.57 Ne nimis ve∣teres causae accersantur, That they do not pick quarrels by raking up past grievances, and that it be not propter leviusculas injurias; or for trifles. For when the King (who if he had been no more then co∣ordinate with them) had called them to counsel to advise him, followed their advice in every

thing he could finde any reason for, taken away all grievances, made a large provision to prevent them for the future, by granting the Triennial Parliament, and so large an amends for every thing they could but tell how to complain of; there was so little left to the people and the Parlia∣ment to quarrel for, as they were much behind in thankfulness for what they had got of him al∣ready.

Or if any other causes or provo∣cations should be imagined, as mis-using the Parliaments Mes∣sengers, or the like: we know the King (unless it were by his pa∣tience and often Messages for Peace) was guilty of no provoca∣tions; but on the contrary, though he had all maner of scorns and re∣proaches cast upon him, and his

Messengers evil intreated by them, could never be brought to return or retaliate it to any of theirs.

But nothing as yet serving to excuse them; it will not be amiss to examine the Causes as they are set down by themselves, to justi∣fie their war, and so we may well suppose there are no other.

A War against the King for safety of His own Person was needless (and then it comes with∣in that rule of War and Law of Nations, Ne leves sint causae belli, not to make a War unnecessary) for the King would look to that himself; and, as they were His Subjects, they, as well as every honest Subject, were bound to defend and assist Him, but not whether he would or no; and in such a way of defence, as would tend to His ruine rather then His

safety. For surely should any stranger of another Kingdom or Nation have casually passed by Edge-hill when the Kings and the Parliaments Armies were in fight, and have been told that the King shot at them for the safety of His own Person, and that they also shot against Him for the safety of His own Person; and be∣ing asked which of the two par∣ties he believed did really, or most of all intend the safety of it? we cannot tell how to think any man such a stranger to nature, reason or understanding; as to think the King should not fight as the Dictates of nature perswaded him to; or that the King could tell how to fight against those that fought for him: or that if he should be so hugely mistaken in that one year or Battel, he should

be in several other years and Bat∣tels after.

To fight for the defence of the Religion established (as they made also the people believe) was as needless; when the King offered to do every thing might help to promote it: and they are so little also to be credited in that pretence, as we know they did all they could from the begin∣ning to ruine it; took away Epi∣scopacy the hedge and bounds of it, brought in Presbytery to preach up and aid their Rebellion, and when their own turns were served, en∣couraged Conventicles and Tub∣preachers to pull down the Pres∣bytery: And being demanded at the treaty at Uxbridge by the Kings Commissioners what Religion they would have the King to esta∣blish, were so unprovided of an

answer, as they could not resolve what to nominate, nor in any of their propositions afterwards sent to the King, though ofted urged and complained of by the Scottish Commissioners, could ever finde the way to do it, but have now set up an Independent extemporary enthusiastick kinde of worship∣ping God, (if there were any such thing in it) or rather a religious Chaos, or gallimaufrey of all ma∣ner of heresies, errours, blasphe∣mies and opinions put together, not any of the owners of which, we can be confident will sub∣scribe to that opinion that Wars may be made for Religion, or that conscience ought to be forced by it.

As for the restrictive part of the Laws to keep the people in sub∣jection, we can very well per∣swade

our selves, no such War was ever made yet in the World, nor any people ever found that would engage in a War for that they obeyed, but against their wills: And for that part of the Law that gives them the Kings protection, priviledges, immuni∣ties and certainties of deciding controversies (which are more fitly to be called the Liberties of the people, then to have 45. of the House of Commons, or a Faction, to make daily, and hourly Laws, Religion, and Government, and vote their estates in and out to pay an Army, to force their obe∣dience to it) if we had not out∣lived the Parliaments disguises, and pretences, saw them now tearing them up by the roots, that there may be no hope of their growing up again, and setting up

their own as well as the ignorant and illiterate fancies of Mecha∣niques, and Souldiers in stead of them; we might have said that also had been needless, when the King had done abundantly e∣nough already; and offered to grant any thing more that could in reason be demanded of Him.

And as touching their privi∣ledges of Parliament, They that understand but any thing of the Laws of England, or have but looked into the Records, and Journals of Parliament, can tell that all priviledges of Parliament (as King James said) were at first bestowed upon them by the Kings and Princes of this King∣dom: That priviledges of Parlia∣ment extended not to Treason, or Felony, or breach of the Peace. That

m 1.58 32. Hen. 6. Sir Thomas Thorpe Speaker of the House of Com∣mons being arrested in execution in the time of the prorogation of the Parliament, the Commons demanded he might be set at li∣berty according to their priviled∣ges: whereupon the Judges be∣ing asked their Councel therein; made answer, that general supersedeas of Parliament there were none; but special supersedeas there was; in which case of special supersedeas, every Mem∣ber of the House of Commons ought to enjoy the same; unless in cases of Trea∣son, Felony, or breach of the Peace: After which answer it was de∣termined, that the said Sir Thomas Thorpe should lye in ex∣ecution; and the Commons were required on the behalf of the King to choose a new Speaker, which they did, and presented to

the King accordingly. That Queen Elizabeth was assured by her Judges, that she might com∣mit any of her Parliament during the Parliament, for any offence committed against her Crown and dignity, and they shewed her precedents for it; and that primo & tertio Caroli Regis, upon search of precedents in the several great cases of the Earls of Arundel and Bristol, very much insisted and stood upon, the House of Peers in Parliament allowed of the exception of Treason, Felony, and breach of the Peace.

For indeed it is as impossible to think that there can be any privi∣ledge to commit Treason, as to think that a King should privi∣ledge all his Nobility, and every one of his Subjects, that could get to be elected into the House of

Commons in Parliament, to com∣mit Treason, and to take away his life in the time of Parliament, whensoever their revenge, or ma∣lice, or interest should find the opportunity to do it; or that if it could be so, any King or Prince would ever call or summon a Par∣liament to expose himself to such a latitude of danger, or give them leave to sit as long as they would to breed it: or that priviledges of Treason can be consistent with the name or being of a Parlia∣ment to consult and advise with the King for the defence of him, and his Kingdom: or that when Felony and breach of Peace are excepted out of their priviledge, Treason that is of a far higher na∣ture, consequence, and punish∣ment, should be allowed them: or if there could have been any

such priviledge, and a meaner man then their Soveraign had broke it, a small understanding may inform them, that they could not without breach of the Peace, have fought for it against a fel∣low Subject, and then also could not their priviledges have reached to it, but the King might have punished them for it: and if they cannot upon a breach of privi∣ledge n 1.59 as it was adjudged in Halls case) without the Kings writ, and the cause first certified in Chancery, deliver one of their own servants arrested: It is not likely any warrant can be found in Law to inforce the King to re∣paration, though he himself should have broken it; but to pe∣tition the King for an allowance of that, or any other priviledge, as well in the middle, or any other

time of their sitting in Parlia∣ment, as they alwayes do at the presenting of their Speaker in the beginning of it. Wherefore, cer∣tainly the People never gave the Parliament Commission (if they could have given a Commission to make a War against their Sove∣raign) to claim that was never due to them, or to fight for that was never yet fought for by any of their forefathers, nor ever un∣derstood to be taken from them, much less for their ayrie innova∣ted pretences, rather than priviled∣ges, which have since eaten up all the peoples Laws and Liberties, as well as a good part of their lives and estates with it, and are now become to be every thing which their representatives will and arbitrary power have a mind to make it; who have so driven a∣way

their old legal priviledges by setting up illegal and fantastique Priviledges (as they are pleased to call them) in stead of them, as there is nothing now left of the Parliament like a Parliament, nei∣ther matter, nor form, nor any thing at all remaining of it: For, the upper, and lower houses have driven away and fought against the King, who was their Head: the lower after that, have driven away the upper, and fourty-five of the House of Commons (whereof eleven are great Offi∣cers and Commanders in the Ar∣my) have after that imprisoned and driven away four hundred of their fellow Members: And from a degenerate and distempered piece of a Parliament, brought themselves to be but a representa∣tive, or journey-men voters to a

Councel of War of their own mercenary and mechanique Ar∣my; and may sit another eight years before ever they shall be a∣ble to finde a reason to satisfie any man that is not a fool or a mad∣man, or a fellow Sharer in the spoiles of an abused and deluded Nation: Why the Kings demand∣ing of the five Members and Kim∣bolton by undeniable warrant of the Laws of the Land, and the Re∣cords, and precedents of their own houses, upon a charge, or ac∣cusation of Treason, for endea∣vouring amongst other pieces of Treason, to alter the Government, and subvert the fundamental Laws of the Kingdom, which the Parliament, and they themselves which were accused, have more then once declared to be Treason, should be taken to be so great a

breach of priviledge in the King their Soveraign; when the for∣cing, and over-awing the houses of Parliament by the Army, their servants and hirelings, demand∣ing the eleven Members, and im∣prisoning and banishing some of them, upon imaginary and fantastical offences committed a∣gainst themselves, or they could not tell whom; shall be recko∣ned to be no breach at all of pri∣viledge, and the forcing of the Houses by the same Army with∣in a year afterwards by setting guards upon them, violently pul∣ling two of the Members of the House of Commons out of the House, and imprisoning them, and 39. of their fellow Members all night in an Alehouse, and leading them afterwards to seve∣ral prisons, with guards set upon

them, as if they had been com∣mon malefactors, can be called mercies, and deliverances, and a purging and taking away rotten Members out of the House of Commons.

But now that we can finde no∣thing to make a defensive or Lawful, nor so much as a neces∣sary war on the Parliaments part; for (causa belli, o 1.60 saith Besoldus, correspondere debet damno & periculo) the Parliament fears and jealou∣sies were not of weight enough to put the people into a misery far beyond the utmost of what their fears and jealousies suggest∣ed to them did amount unto, we shall do well to examine by the rules and laws of war and Nati∣ons, the ways and means they u∣sed in it.

p 1.61 Injustum censetur bellum si non

ejus penes quem est Majestas authori∣tate moveatur; a War cannot be just if it be not made by a Lawful authori∣ty: Armorum delatio & prohibitio ad Principem spectat; q 1.62 It belongs to the Prince to raise or forbid Armes: and the Records of the Parlia∣ment (which we take to be a better sense of the House then their own purposes) can inform them, that the Prelates, Earls, Ba∣rons, and Commonalty of the Realm did in the seventh year of the reign of King Edw. the first, de∣clare to the King, r 1.63 That it be∣longeth, and his part is, through his Royal Signory, straightly to defend force of Armour, and all other force against his Peace when it shall please him, and to punish them which shall do the contrary, according to the Laws and usages of the Realm, and that there∣unto they were bound to aid their Sove∣raign

Lord the King, at all seasons when need shall be.

How much ado then will they have to make a War against their Soveraign to be lawful? or (if by any warrant of Laws Divine or Humane they could but tell how to absolve themselves from their oathes of Supremacy, Allegiance, and their very many protestations and acknowledgements of subjection to the King) finde a Supream Authority to be in the people, at the same time they swore an Alle∣giance, and obedience to the King, and at the same time they not onely stiled themselves, but all those they represented to be his subjects?

Or, how will they be able to produce a warrant from the peo∣ple, their now pretended Sove∣raignes (till they shall be able suf∣ficiently

to enslave them) to au∣thorize them to make a War to undo them, when they elected them but to consent to such things as should be treated of by the King, and his Lords for the defence of the King and his Kingdom? Or how could a tenth part of the people give warrant to them to fight against the King, and the other nine parts of the people? Or can that be a good warrant when some of them were cheated, and the other by plunderings and sequestrations forced to yield to it? Or could the pretence of a war for defence of the Kings Per∣son, and to maintain the Religi∣on, Laws, and Liberties of the peo∣ple, be a warrant to the Parliament (which never sought any thing for the King and people, but to take away the Soveraignty from

the one, and the Liberties of the other) to do every thing was con∣trary unto it? But if that could have legitimated their actions; as it never did or will be able.

By the rules of Justice in the practise of War and Nations s 1.64 si bellum geratur sine denunciatio∣ne in captivos tanquam latrones ani∣mad verti possit; It is a thievery, ra∣ther than a War, not to denounce or give notice of it beforehand: and in this also the Parliament was faul∣ty, for they took Hull and Ports∣mouth, and the Kings Navy and Magazine from him, when He hoped better things of them, and sent out their Armies and the Earl of Essex against Him, whilest He was in treaty with them, and offered all that He could for to have a peace with them.

t 1.65 Bellum item impium injustum∣que

sit si modus debitus non observe∣tur; A War is unjust if there be not a due way of proceedings held in it; which especially consisteth in not hurting the Innocent, Church∣men, Husbandmen, weak or im∣potent People, as old men, wo∣men, and children; and in this also they will fall short of an ex∣cuse. For how full is every Town and Village of the truth as well as the complaints of the un∣christian usage of old and sick people, women and children, beaten, wounded, or killed upon no provocation; women and maids ravished, and their fingers cut off for their rings; old Best of Canterbury hanged up by the privities, others tortured, and had burning matches tied to their fingers to make them confess where their money was; women

and children and sick and aged persons starved for want of the sustenance they had taken from them, husbandmen had their corn and hay spoiled in the fields, and barns; their sheep, cattel and provisions devoured, houses ruined or burnt, and their horses that should help to plough, and do other works of husbandry, taken away, in so much as some were inforced to blinde and put out their horses eyes that they might not be taken from them; Churches that escaped defacing, prophaned and made Stables, or Gaoles, or Victualing, or Bawdy houses, Monuments defaced, and Sepulchers opened, as were those of the Saxon Kings at Win∣chester, and the Priests and Mini∣sters not so much as suffered to weep betwixt the Porch and the

Altar, but their benefices and livelyhoods taken from them by Wolves put in the Shepherds pla∣ces; had their bookes burned, and all their means and mainte∣nance plundred from them; and those that were newtrals, and medled on neither side but lived as quietly as they could, either to∣tally undone, or cast in prison, not for that they did them any hurt, but because they might do it; and if they were not impriso∣ned, their Lands, Money, or goods were sure to be in the fault, and taken away from them.

u 1.66 Ut bellum illaesa conscientia ge∣ratur necesse est ut adsit intentio bona; There ought to be a good intention to make the War conscionable; which in this appears to fail also: For the Charge against the five Members is now as true as it was then, they

meant to ruine the King, and they have done it, and to alter the Go∣vernment, and subvert the Reli∣gion, Laws and Liberties of the Kingdom; and they have done a great part of it, and as fast as they can are pulling down the re∣mainder.

x 1.67 Quaerere debemus victoriam rationibus honestis, ne salutem quidem turpibus; We ought to pursue victory and the just ends of War by honest and lawful means, and not to do soul and dishonest things to procure our safe∣ty; from which, they made fears and jealousies which the Parliament made use of to ush∣er in their pretences, their faining of victories, and scanda∣ling the King and his actions, not to insist upon their buying the Kings servants and secrets, Battels, Towns and Garrisons, and making

too many Judases of all that were about him, will hardly be able to free them; or if they could, the making use of men and money intended for the support of Ireland, and leaving them wallowing in their blood for seven yeares to∣gether, whilst they were ruining their King that would have hel∣ped them, violating of their oathes of Allegiance and Supremacy, which many of their members had taken six or seven times over, breaking their oathes, taken in their Protestation and Nationall Covenant, and not so few as one hundred solemn promises, and un∣dertakings in their severall Petiti∣ons, Remonstrances, and De∣clarations; forcing the People to take the Protestation and Cove∣nant, and compel them as soon as they had taken it, to break them,

and by cousening and forcing them into Rebellions and perju∣ries, cheat them out of their Re∣ligion, Loyalty, Laws and Liber∣ties; will be sure enough to condemn them: and if the great Turk carrying the Cove∣nant which Lad••staus the unfor∣tunate King of Hungary was per∣swaded to break with him as an ensigne of publique detestati∣on in the battel wherein he slew him, invoked the God of the Christians to help him to re∣venge so great a treachery; there will be more reason now for all that are but Christians, or but pretend to any morality, to car∣ry in their banner, the pourtraict of the Kings bleeding head, as it was cut from His shoulders, and make War in revenge of the masterpiece, and totum aggrega∣tum,

of all maner of wickedness and perfidiousness, who besides all their own and the peoples oaths taken to defend him, when those they called Delinquents (some few onely which were specially named and excepted) for obey∣ing the known Laws of the Land as well as their Oaths and Con∣sciences, were never questioned for their lives, but suffered to compound for their Estates; would not suffer the King, that was neither a Delinquent or Excep∣ted Person, to enjoy either His Life or Estate, though to save his people, and keep them from kil∣ling one another, He had yielded himself and became a Prisoner upon the publique fai••h of the Kingdoms of England and Scot∣land.

Pax aequa non est recusanda licet

victoriae spes adsit y 1.68 saith Besol∣dus) A good or fitting Peace is not to be refused, though the victory were certain: And in this also the Par∣liament will be as far to seek for a justification as in the other: For in stead of offering any thing which was likely to bring it, they caused men and women in the first year of their War to be kil∣led, because they did but petition them to accept of a Peace; and in the third and fourth year of their War plundred and robbed others that petitioned them but to heark∣en to it, and put out of office, and made all as Delinquents in the seventh year of their War, that did but petition them for a Treaty with the King, and refused all the Kings many, very many Messa∣ges for Peace, not onely when He was at the highest of His suc∣cess

in the war, but when he was at the lowest, and a prisoner to them, and conjured them as they would answer at the dread∣ful day of Judgement, to pity the bleeding conditions of His King∣doms and people, and send pro∣positions of Peace unto Him: and quarters and half years, and more then a whole year together after the battel of Naseby (insomuch as their fellow Rebels the Scotch Commissioners did heavily complain of it) were at several times trifled away, and spent be∣fore any propositions could be made ready, though those which they sent to Oxford, Uxbridge, New∣castle and Hampton-Court, were but substantially and materially the same with their nineteen Propositi∣ons which they made unto the King before the Earl of Essex was

made their General; and in all the Treaties made Propositions for themselves, and the Sove∣raignty, and great offices and pla∣ces of the Kingdom, but would neither for Gods sake, or their Kings sake, or their Oaths or Con∣sciences sake, or the Peoples sake, or Peace sake, which the people pe∣titioned, and hungred and thirst∣ed for, alter or abate one Iota or tittle of them, but were so un∣willing to have any Peace at all, as six or seven Messengers or Trumpeters could come from the King, before they could be at leisure, or so manerly as to answer one of them, but this or that Mes∣sage from the King was received and read, and laid by till a week, or when they would, after: and the Kings Commissioners in the Treaties must forget their due

titles of Earls, Lords or Knights, because the King had made them so since the beginning of the War, or else there must be neither Trea∣ty nor Peace.

At Uxbridge the time of the Treaty limited for 20. days; and at Newcastle for 10. and though the King and His Commissioners at Uxbridge almost petitioned for a cessation in the interim of that Treaty, as they had done before in that which was at Oxford, it could not be granted, nor have a few days added to it; and if the King could in Honor and Con∣science have granted all the other parts of the Propositions, must grant them an Act, not onely to confiscate the Estates of His Friends, and those that took Arms to save his Life and Estate, but to take away their Lives also, and

not only that, but to condemn them of high Treason, and attaint their blood, when they fought a∣gainst them which were onely guilty of it, a thing so unfitting & unusually stood upon, as it was never asked in any treaty or paci∣fication among the civilized or more barbarous heathen, and a∣mounts to more then Adonibezeks causing the thumbs and great toes of his captive Kings to be cut off, and making them to gather the crumbs from under his table, or Benhadads demand of Ahabs silver and gold, his wives and children, and whatsoever else was pleasant in his eyes, which the elders and people of Israel perswaded Ahab not to consent unto, but was a thing purposely contrived and stood upon to hinder a Peace, and was not to be asked or granted by

any that could but entitle them∣selves to the least part of reason or humanity; a demand Bajazet would not leave his Iron cage to yield unto; a thing nature it self would abhor, and the worst of villains and reprobates rather lose their lives then yield to; would never be demanded by any but a Devil, nor granted by any but his Equals.

And if their desiring of a War more then a peace, and to keep the King out of his own, had not been the only cause of such unna∣tural and barbarous propositions it may well be wondred, why they that have made to themselves (for we cannot believe they have found any law or warrant to ground it upon) a power to take away the Kings life upon a colour or pretence of an unread, as well as

unheard▪ of piece of Justice; should need to strive so hard with the King, to give them a power to do that which they are now so busie to do of themselves: and as if they had been afraid, all this would not be enough to keep the doores of Janus, or the Devil open, for fear lest the King should trouble them with any more offers or Messages for peace: a vote must be made in February, 1647. that it should be treason in any man to bring or receive any more Mes∣sages from him without consent of Parliament. But suppose (that which is not) that the Parliament could have but found any thing but somewhat like a cause or ju∣stification of a war against their Soveraign (for notwithstanding all their hypocritical pretences, so it was at first intended, and so it

hath proved to be ever since) to whom their Masters the people (we mean as to the House of Commons) had sent them to consult with, not to make a War against him: they might have remembred that saying of Cicero (if they had found nothing in the book of God, and their own con∣sciences to perswade them to it) That z 1.69 duo sunt genera decertandi, unum per disceptationem, alterum per vim, & ad hoc confugiendum non est si uti superiori licebit: There are other ways to come by pretended rights, then▪ by a War, and we ought never to make use of a War (which is the worst of all remedies) if we may obtain it by a bet∣ter. Hen. 2. King of England was made a Judge betwixt the Kings of Castile and Navarre. a 1.70 The Rebellious Barons of England in the raign of King Hen. 3. referred

their controversies to the decision of the King of France and his Par∣liament at Paris: And the blood of this Kingdom which ran so plentifully in those unhappy dif∣ferences, was by that means only stopped. Charles b 1.71 the 4. Em∣peror was made a Judge of the differences betwixt the English and the French Kings: For as Albericus Gentilis saith well; c 1.72 Intelligen∣dum est eos qui diffugiunt genus hoc de∣certandi per disceptationem, & ad al∣terum quod est per vim currunt, ilico eos a justitia ab humanitate, a probis exemplis refugere, & ruere, in arma volentes qui subire judicium nullius velint: They that rush into a War without assaying all other just means of deciding the con∣troversie for which it is made, and will judge onely according to their own will, and opinion do

turn their backs to Justice, Hu∣manity, and all good Examples. And in that also the Parliament will be found faulty: For the French King, and the States of the United Provinces did by more then one Request, and Embassy, severally and earnestly mediate to make an accord betwixt the King and His Parliament, and desired to have all things in difference left to their arbitrement; but their Ambassadors returned home again, with a report, how much they found the King inclined to it; how satisfactorily he had of∣fered; and how much the Par∣liament was averse to their inter∣position, and altogether refused it.

But we have tarried long e∣nough among the Parliament partie, from thence therefore (for it is time to leave the company of

so much wickedness) we shall remove to the Kings party (and yet that may cause a Sequestration) and examine for a fuller satisfa∣ction of that which by the rule of contraries, is clear enough alrea∣dy, if he were not on the defen∣sive and more justifiable part of the business.

The King as He was defensor & protector subditorum suorum, and sworn to see the Law executed; had not the sword nor his autho∣rity committed to him in vain: And if he had no maner of just cause of fear, either in His own Person or authority, or no cause given him in re laesae Majestatis: the imprisoning of His Subjects, and plundring and taking away their Estates from them, long before He had either armed himself, or had wherewithal to do it; had

been cause as sufficient as to cause a Hue and Cry to be made after a fellon; or raise the posse Comitatus to bring Him to Justice, and might by the same reason do it in the case of more, and by the same reason he might do it by the help of one, nothing can hinder but by the same reason he might do it by the help of more.

When Nathan came to David with a parable, and told him of the rich man that had taken the poor mans onely Sheep, he that understood well enough the duty of a King was exceeding wroth a∣gainst the man and said; As sure as the Lord liveth this man shall surely dye. And can any man think that the King when He saw so much Sedition and Treason among the People countenanced and cheri∣shed, Tumults grow up into

outrages, outrages to parties and Warlike assemblies, propositions made to bring in Horse and Mo∣ney to maintain an Army against Him, and many of His Subjects daily imprisoned, sequestred, un∣done or killed; can be blamed if he had a great deal sooner gone a∣bout to defend both himself and His people? For who d 1.73 (saith St. Jerom.) did ever rest quietly sleeping near a viper? & lex una & perpetua salutem omni ratione defen∣dere & haec ratio doctis, necessitas Barbaris, mos gentibus, feris natura ipsa prescripsit, & haec non scripta sed nata lex, saith e 1.74 Tully, (that great master of morality) Reason, Ne∣cessity, Custom, and Nature it self have made self-preservation to be warrant∣able.

Nemo exponere se debet periculis obviam offensioni eundum, non mo∣do

quae est in actu, sed quae est in poten∣tia ad actum, & justus metus justum facit bellum; say the Civil Laws, and where there was not nuda co∣gitatio, or a bare intention, onely to ruine the King, but so much over and over again acted, as might well occasion more then a fear, and apprehension in him of what hath since been brought to pass against him; no man cer∣tainly without much blindness or partiality can think it to be a fault in Him to seek to defend himself, when the Parliament did not on∣ly long before He raised any for∣ces to defend himself, but at the same time when He was doing of it, make the people believe His Person was in so much dan∣ger, as they must needs take up Arms to defend Him.

And how much more warrant∣able

then must it be in the Kings case, when it was not onely an endeavour to defend himself, but all those that have been since slain, and undone, and ruined for want of power enough to do it?

Defence is by the civil Lawyers said to be either necessary, pro∣fitable, or honest: f 1.75 Nec distin∣gui vult Baldus sive se, sua, suosve defendat, sive prope, sive posita longe; A man is said to defend himself when it is but his own Goods, Estate, or Peo∣ple, whether near or further of; Ne∣cessaria defensio ejus est, & factum ad necessariam defensionem contra quem veniat armatus inimicus, & ejus con∣tra quem inimicus se paravit; It must needs be a necessary defence a∣gainst whom an armed enemy is either marching or preparing.

Utilis defensio, quum nos movemus

bellum verentes ne ipsi bello petamur, When we make a War to prevent or be before hand, when War or mischief is threatned or likely to come upon us; For as Nicephorus the Historian saith, He that will live out of dan∣ger must occurrere malis impendenti∣bus, & autevertere, nec est cunctan∣dum aut expectandum, &c. meet and take away growing evils, and turn them another way, and not to delay, and be slack in it.

Honesta defensio quae citra metum ullum periculi nostri, nulla utilitate quaesita, tantum in gratiam aliorum su∣scipitur. g 1.76 When for no fear of danger to our selves, and for no consideration of profit to our selves, but meerly in favour or help of others the War is under∣taken. Wherefore certainly when the King may be justly said to tarry too long before he made the

second and third kinds of defen∣ces, either to prevent the danger and fury of a War against him∣self, or to help those that suffered and were undone in seeking to de∣fend him, and was so over much in love with Peace, as he utterly lost it; and could never again re∣cover it, and was so much mista∣ken in the Love and Religion of His Subjects and Parliament promi∣ses, and the seeming impossibilities of such horrid proceedings against Him, as all His three Kingdoms were in a flame of war, and strong Combinations made by two of them, and the Pulpits every where flaming; Seditious exhor∣tations against Him, His Navy, Magazines, Ports, Revenues, Mint, strongest Towns and Pla∣ces seised on, Armies marching against Him, and He only and a

few friends, and followers pend up in a corner, had an enemy and a strong Town at His back ready every day to surprize Him, and several Armies marching and in action before, and round about Him, before He granted out any Commission for War, or had or could make any preparation for it, and had so many to help and defend besides himself: It would be too much injury, and too great a violence to all maner of reason, and understanding, to deny Him a Justification upon the first sort of defences, if the second would not reach it, for the first cannot by any interpreta∣tion go without it. For h 1.77 haec est necessitas (saith Baldus) quae bel∣lum justificat quum in extremo loco ad bellum confugitur. Or if with Gro∣tius we look upon it another way,

and make the Justice of War to consist, First, in defensione. Se∣condly, in recuperatione rerum. Thirdly, in punitione. The King before ever He went to demand Hull, or before ever he desired a guard of the County of York; had cause enough and enough to do it; and it would be hard if a great deal less then that should not be able to deliver Him from the cen∣sure or blame of an offensive or unnecessary War. When that which was made by David upon the Children of Ammon, and that of the late glorious King of Swe∣den against the Emperor of Ger∣many; the former for misusing, the latter for encroaching upon Him, and not receiving His Am∣bassadors, found warrant and necessity enough to do it. But what could the King do more in

His endeavours and waiting for a Peace; or less in His preparations or making of a War? when the least or one of the hundred provo∣cations or causes, we dare say plainly here set down in the mat∣ter of fact, hath hitherto among the wisest Princes, and Com∣mon-wealths in the World, been reputed a just and warrantable cause of war.

Homicide by the Laws of Eng∣land shall be excused with a se de∣fendendo when the assaulted hath but simply defended himself, or retired in his own defence so far till by some Water or Wall he be hindred from going any further. Death and destruction marching towards the King, Hull fortified and kept behind him, and all maner of necessities compassing him in on every side, could then

do no less then rouse him up to make his own defence; and he must be as much without his sen∣ces, as care of his own preserva∣tion, if he should not then think it to be high time to make ready to defend himself, and necessity enough to excuse him, for any thing should be done in order to it.

The Parliament and he (as this case stood) could not be both at one and the same time, in the defensive part; for, they had all the Money, Arms, Ammunition, and strength of the Kingdom in their hands, and multitudes of deluded people to assist them; and so hunted and pursued him from place to place, as it was come to be a saying and a by∣word among the apprentices and new levied men at London, they

would go a King-catching: and were not likely therefore to be guilty of so much patience as the King, who was so much in love with Peace, and so thirsted after it, as that, and his often sending Mes∣sages, and Propositions for it, would not permit him to make use of any victories or advantages which God had given him. But twice suffered the Earl of Essex to attempt to force Him from Ox∣ford, and Sir Thomas Fairfax once to beleager Him, when He had power enough to have made Lon∣don, or the associate Counties, the seat of the War, and it would be something strange that He, who when He had raised forces against His Scottish Rebels, and found himself in the head of so gallant an Army, as He had much ado to keep them from fighting, and

His enemies so ridiculously weak, as He might have subdued them, but with looking upon them but a fortnight longer, could not be perswaded to draw a sword a∣gainst them: would now begin an offensive war without any power or strength at all against those that had before-hand ingros∣sed it: Or what policy or wisdom could it be in Him to begin a War without Money, or Men, or Arms, to go through with it? Or to refuse the assistance of His Ca∣tholique Subjects, and Forreign friends and forces? or to spend so much time in Messages, and offers of Peace, to give them time and ability to disarm Him, and arm themselves? If He had not utterly abhorred a War, and as cordially affected peace, as He offered fair enough for it: Or can any man

think that the King did begin the War? when what he did was but to preserve His Regality and the Militia, and protection of His peo∣ple, which the Parliament in ex∣press terms, as well as by Petitio∣ning for it, acknowledged to be His own; (being but that which every private man, that had but money or friends would not ne∣glect to do.)

Did He any more in seeking to preserve His Regality, then to de∣fend and keep himself from a breach of trust they sought to make him break? Or could there be a greater perjury, or breach of trust in the Kingly Office, then to put the sword which God had given him, into the hands of mad∣men or fools? or such as would kill and slay, and undo their fel∣low Subjects with it? or to deli∣ver

up the protection of His peo∣ple into the hands of a few of their ambitious fellow subjects? who did as much break their own trust to those they represented in asking of it; as the King would have done if He had granted it? Or why shall it not be accounted an inculpata tutela in the King to pre∣serve and defend that by a War, which the Laws of God and Man, His Coronation Oath, Honour and Conscience, and a duty to himself & His Posterity, as well as to His people, would not permit Him to stand still, and suffer to be taken away from Him.

But if the King by any maner of construction could be blamed, or censured, for denying to grant the Militia; which was the first pretence of beginning of the War by those that sought to take it

from him, (for till the besieging of Hull the 16. of July, 1642. after many other affronts and attempts of as high a nature put upon Him, the most malicious interpretation of the matter of Fact, cannot find Him so much at all to have defended himself, as to have done any one act of War, or so much as like it) who shall be in the fault for all that was done after, when he offered to condescend to all that might be profitable for His people in the matter of Reli∣gion, Laws and Liberties? Was it not a just cause of War to de∣fend himself and his people a∣gainst those who would notwith∣standing all He could do & offer, make a War against Him, because He would not contrary to His Oath, Magna Charta, and so many other Laws which He had sworn

to observe, betray, or deliver up his people into their hands to be governed, or rather undone by a greater latitude of Arbitrary pow∣er, then the great Turk or Crim Tartar ever exercised upon their enslaved people; and put the edu∣cation and marriage of his own Children out of his power; which was never sought to be taken out of the hand of any father, which was not a fool or a madman; nor yielded to by any would have the Credit to be accounted other∣wise; or because he would not denude himself of the power of conferring honours, or vilifie, or discredit his great and lesser Seals, and the Authority of them, from which many mens Estates, and Honours, and the whole current of the Justice of the Kingdom had their Original; or perjure him∣self

by abolishing Episcopacy, which Magna Charta, and some dozens of other Laws, bound him to preserve? Or if that be not e∣nough to justifie him in his own defence; had he not cause enough to deny, and they little enough to ask Liberty of Conscience, and practise to Anabaptists, Blasphemers of God, deniers of the Trinity, Scri∣ptures and Deity of Christ? when the Parliament themselves had taken a Covenant to root them out, and made as many of the peo∣ple as they could force, to take it with them? Or had He not cause enough to deny to set up the Pres∣byterian authority, which would not only have taken away his own authority, but have done the like also with the Laws, and Liberties of the Nation, and the ruling part of that which they now call the

Parliament did utterly abhor; Or if all that could not make the war which he made to be defensive, & lawfull; had He not cause enough to deny, and they none at all to ask that He should by Act of Par∣liament consent to make all those to be Traitors that took His part, their Blood and Posterities attain∣ted, and their Estates forfeited? when as some of the Parliaments own Members were heard to say when those Propositions were sent unto him; That if he yielded unto them, He was the un∣worthiest man living, and not fit to be a King.

For certainly, if the Laws of God and man, and the understan∣ding of all mankind be not chan∣ged; there was never a juster, more defensive, unwilling, and necessitated War then that of the

Kings part, since man came out of Paradise. And if such a War should not be lawful (after so many provocations and necessi∣ties for the defence of himself, & his people, & so many after ge∣nerations, which this War of the Parliament, and the curse of it, is like to ruine and leave in slavery) under what censure and opinion may that of i 1.78 Abrahams with Chederlaomer the King of Elam, and Tidal King of the Nations be, when he fought with them to re∣scue his Brother Lot, and his goods, and was blessed by Mel∣chisedec the Priest of the most high God, for doing of it? Or if the k 1.79 War which the Tribes of Is∣rael made against the Tribe of Ben∣jamin, and the men of Gibeah for committing lewdness and folly in Israel; that of l 1.80 David to re∣scue

his wives that were carried away captive by the Amalekites; or m 1.81 to fetch home the Ark of God from the Philistines; that which n 1.82 Ahab made with Benhadad the king of Syria, who was not half so Tyrannical in his Propositions as the Parliament, were approved of in sacred Story; or that which was made by Judas Maccabeus and his Brethren, to rescue the de∣cayed Estate of the people of the Jews; or that which was used to be made by the heathen pro aris, & focis, were never yet so much as suspected to be unlawful: How shall this of the kings be condemned, that had as much as Abraham, David, Ahab, against Benhadad, o 1.83 Judas Maccabeus, and the tribes of Israel, or those hea∣thens that made it pro aris & focis, put them all together, to warrant

it? Or by what reason or Law is any man by the Laws of England excused for killing a man in his own defence, when he is necessi∣tated to it, or for killing theeves that come to assault or rob him in his House or Castle? If the King shall be hunted from his House through all the parts and corners of his Kingdom for his Life, and not only for his Life, but his Ho∣nour, and not only for his Life and Honour, but his Conscience? and yet must never draw his sword, or seek to defend himself, or have any body else to do it for him? Or how have all the Kings, Princes and Magistrates of the world hi∣therto governed, and defended themselves, and their people? or shall ever be able to give an ac∣count of the people committed to their charge, if they may not be

at liberty to make a Legal use of the sword, power, and reason, which God hath given them? Or how can those State riddles (like those of Sphinx only made to de∣stroy men withal) that they fought for the King and Parlia∣ment, as is alledged in many of their Orders and Declarations? and that the war on the Kings part was a Rebellion raised a∣gainst the King and Parliament, as is expressed in the p 1.84 Ordinance of Parliament for association of the Counties of Pembroke, Cardi∣gan, and Caermarthen; be ever un∣derstood by any rules of sense, or reason; if he had been (as he was not) on the offensive part of the war, and had begun it against them? Or how the Earl of Essex and Sir Thomas Fairfax could (as there was Law and reason enough

to perswade them to it) believe that the war made by the King against the Scots, wherein they served and took command un∣der him, was lawful; and that a War in his own defence against the forces of the Parlia∣ment, wherein they were short∣ly after successively one after the other Generals and Commanders against him, should be unlawful; or that they which seised the Town and Magazine of Hull, and first began the war against the King, who only defended him∣self and the people, committed to his charge, can possibly be un∣derstood to have done it in their own defence; or that what they did could in the means and way which they used or took unto it, and the sad and dire effects and consequences of it, receive any

other interpretation then that they began & made a war against the King, upon a colour only and pretence that they made it for him?

But if any shall be so in love with the sense of the House of Commons, as to be out of their own senses, and think that though there be no maner of evidence or proof to be had for love or mo∣ney, that the Parliament were constrained to defend themselves by a war: yet the Kings admit∣ting of the Preamble of the Par∣liaments Propositions presented to him at the Isle of Wight, that the Parliament was necessitated to take up Arms in their just and lawful defence, makes him (who must needs be best acquainted with his own actions) to be so clearly guilty of all the blood that hath been shed in these wars, as it

puts to silence all that can be now alledged, or said in his behalf.

They that made the preamble, and placed it in limine and the threshold of the Treaty, on purpose to catch and insnare him (for ei∣ther he must have denied it at the very beginning and entrance into the Treaty, and leave his King∣doms and people to wallow in the blood and misery which their Parliament Idols had brought them to; & have all the blame laid upon him for hindring a Peace, which he had so much longed and laboured for, or put himself, and all his Loyal Subjects that helped to defend him, under the burden of those Sins and Shames which the Parliament themselves had all the right to) can tell their undone, and deluded Proselytes; how much the King stuck at it,

how unwilling he was to break off the Treaty, and was unwil∣ling to wrong his own Innocen∣cy; and that when the Parliament Commissioners had not any thing either in Law, Truth, Reason, or Argument to perswade him to yield unto it, but laid it only as a case of necessity before him (though there was no such preamble at the Treaties of Oxford and Uxbridg, nor any such necessity at those times insisted upon) that unless he would take the guilt upon himself, his two Houses of Parliament and the People had engaged with them, must necessarily be guilty of Treason, and could not have any security from the guilt and punishment of it. The King bemoaning him∣self and people that must be thus shut out from any hopes of peace, intreated some expedient, or me∣dium

might be found out to recon∣cile the differences: But Cains sins being greater then could be forgi∣ven him, unless Abel can be brought to say he killed Cain; they that could afterward finde an ex∣pedient for 21. of their great Coun∣cel of State that refused to sub∣scribe to the lawfulness of mur∣dering the King; after it was done, could finde none at all for the King to purchase a Peace for the people (though many kinds of ways and expedients, as allow∣ing Him to make a preamble to his own propositions, that the war made by Him, was made in his own defence, or the like, might have been easily contrived and thought upon. For the truth was, the Independent party desired no Peace at all, & the Presbyterian de∣sired it only to get into their hands

the Kings Power & Authority, & lay the guilt of all the blood they had shed for it upon Him; & both of them were so well content to have Him allow of the preamble, as the latter thought himself safe and out of controversie if the King took the blood upon Him; and the former, that it would prove no small advantage or colour to take away his life if he should con∣fess himself guilty of it by allow∣ing of the preamble. In this un∣parallel'd demand, never before stood upon by Subjects to their Prince, or Conquerors to their Cap∣tives; Nero himself was so far short of, as though he had cun∣ning enough when he set Rome on fire to lay the fault upon the Chri∣stians, he had not Villany enough to torture and seek to draw them to a confession, that they had done it.

The King therefore after Pro∣testation that He could not with∣out a manifest injury to the Truth, and a violation of His Ho∣nour and Conscience, take upon Him a guilt, which could no way be charged upon Him, or those that appeared in His defence, was yet for Peace sake, and His peo∣ples sake content to say, It will be a great self-denial to take this supposition of a guilt upon my self, and a Christian virtue to undergo any afflic∣tion that may be for the good of my People: and I am confident those that have adventured so much for me, will be content to share with me for so good a purpose in the suffering for it. I shall therefore Conditionally con∣sent to the Preamble; so as

there follow a conclusion upon the whole matter in Treaty and Propositions betwixt us; other∣wise it is but sub modo, and conditio∣nal; as it is always to be under∣stood in this Treaty, that nothing agreed in part betwixt us, shall be binding unless there be a conclu∣sion upon the whole.

And here let the Truth be judge if the King did not abun∣dantly endeavor to save His peo∣ple, and if the Parliament had not need of a justification, when they used all maner of force and shifts, to have the King take the fault up∣on Him.

Wherefore they that shall con∣sider that the King was a close pri∣soner, robbed and bereaved of all that He had (but His Honour and Conscience, and a great measure of knowledge and understanding,

and the hearts of His Loyal Sub∣jects) was debarred of all friends and comforts, penned up and u∣sed with all maner of hardship and extremities, and every day like to be murdered, that conditi∣ons adimpleri debent priusquam sequa∣tur effectus; and are but inserted or added, in casum incertum qui potest tendere ad esse, aut non esse; and de∣pend on subsequences or following effects, which not happening or coming to be performed accord∣ing to the intent of the conditi∣ons, makes them to vanish and expire, as if that no such matter at all had been acknowledged or expressed in them: That Cook his accuser, who when he comes to be hanged for it, will never be a∣ble to prove that the people substi∣stuted, or gave him warrant for to accuse Him. And Bradshaw who

sat higher in the pageant of Justice, and the rest of his fellow-murde∣rers took the Kings conditional consenting to the Preamble to be so little for their purpose, as they never so much as mentioned it: must not only acquit him of any Confession or guilt to be inferred from his conditional yielding to that Ambuscado Preamble, but dis∣solve into wonder and admirati∣on; that He who in His Royal Meditations, and Conference with death upon the Parliaments Votes of non addresse, and his clo∣ser imprisonment at Carisbrooke-Castle, had clearness of Conscience enough to say (for as for his▪ judgement we hope it cannot be suspected, when Mr. Caril the In∣dependent, and Mr. Vines a Presbyte∣rian Minister could say, He was a second Solomon: and the Parlia∣ments

Commissioners at the Isle of Wight reported him to be the master of the greatest wisdom and understanding) That He had q 1.85 the feast of a good conscience, and the brazen wall of a judi∣cious integrity & conscience! doubted not but His Innocency would finde God to be His Protector! rejoyced in the com∣fort of imitating Christs ex∣ample in suffering for Righ∣teousnesse sake! and thanked God He could pray for them, that God would not impute His Blood to them, further then to convince them what need they had of Christs blood to wash their souls from the guilt of shedding His! And was afterwards in the face and view of Death and His murderers (when such a Prince, and such a

Christian, cannot be thought to dissemble) heard to say upon the Scaffold, He never did begin a War with the two houses of Parliament, and called God to His witness (to whom He was shortly to make an ac∣count) He never intended to incroach upon their Privi∣ledges, but they began upon Him: It was the Militia they began upon; though they confest it was His, and that any that would look into the date of their Commissions and His, might clearly see that they began these un∣happy troubles, and hoped, God would clear Him of it! Could be so much more then a man, and so great a Protector of His people, as not onely to be content to be robbed and despoi∣led

of all that He had for their sakes; but to save the lives, liber∣ties, & estates of His people, when there was no other way to do it; deliver up himself (so as a Peace and Agreement might have fol∣lowed upon the Treaty) to the unjust Censure of Robbing and Spoiling, those that had robbed and undone Him.

But now that we have hunted this Parliament Proteus through all his disguises of Parliament pri∣viledges and pretences, and are lamentably assured that a great & accursed thing is committed in our Israel, and that the anger of the Lord is kindled against us, it may be labour well bestowed (though here is sure enough already said and proved that the King was in the defensive and justifiable part of the War) to send into Achans▪

tent, and search and see what is there to be found concerning this matter; and there we finde that the Lord Brooke, and his Complices, had not long be∣fore the King had summoned▪ them to that which is now called the Parliament settled, and con∣veyed their Estates to prevent any dangers which might happen up∣on their intended enterprises. Peard the pragmatique Parlia∣ment man was heard to say a lit∣tle before this holy War began to break out, That the Govern∣ment of the Kingdom would within a year or two be alte∣red.

A little before the second Scot∣tish invasion, r 1.86 Hinderson the Scotch firebrand confesses that the Covenanters▪ of both Kingdoms were unanimously agreed to

bring the King to their lure before they laid down Arms: the joynt Declaration of both Kingdoms in January 1643. pro∣fesses, they will never say down Arms till the pretended Re∣formation be accomplished; many Declarations and Remon∣strances of the Parliament, (if they may be so called) and the Army mention the original power and Soveraignty to be in the peo∣ple, the common Rights and Freedom of the Nation, and the opportunities God had put in∣to their hands. An Ordinance of Parliament 20. October 1645. con∣cerning rules and directions for Tryers and Judges of the ability of Elders, declares it was the wonderful providence of God in calling them (which He never did by force of Arms,

Hypocrisie, Treason, Rebellion, and usurping of regal Authority) to the great and difficult work of Reformation and purging the Church. The Lord Fairfax and his general Councel of Officers in their Re∣monstrance of the 16. November, 1648. made to the Parliament, did call the putting down of Monar∣chy, and the establishing of their unjust ends, the publique inte∣rest originally contended for on the Parliament part, and the Declaration and Votes of those that call themselves the Commons of England in Parlia∣ment assembled, 15. January 1648. Affirm the bringing of Delin∣quents to punishment (which if any who had assisted the King had been Delinquents, is certainly a part of the Kingly office, and

were never refused to be brought to a due and legal tryal) to be one of the pretended causes of making this War. And in another place thereof acknow∣ledges the rooting out of Epi∣scopacy, and bringing Delin∣quents to punishment to be the onely motives which in∣duced them to undertake this War.

Wherefore though our Achans will neither confess nor be brought to punishment, till the wrath and never failing judgment of God shall bring them, and their sons, and their daughters, and their successes, and the asses that follow them to be consumed in the field of Achor: the Fig-leaves which they have patched together to palliate and hide their naked∣ness, cannot keep out the eyes and

understanding of a ruined Nation, bleeding under the burden of their iniquity, but whether ever con∣fessed or never, it will be as plain as the most infallible demonstra∣tion; that they were never necessi∣tated to make a War, but were so far from the Justification of a de∣fensive War, as that they were al∣together in the offensive. For be∣side all that which hath been said to prove them guilty of the blood and misery of this Nation, who can think, or be believed (if he should be so mad as to say it) That they were forced to make a war for that which was none of their own; or for Laws and Li∣berties when they did not want them, and might have had as much addition made unto them, as the good of the Nation and right reason could have desired▪ or

that they were constrained to make a War because he would not un-King or un-man himself, and give away his Negative voice, and undertaking by his Oath to do justice to his people, and pro∣tect and defend them, quit his Mi∣litia, and put himself out of all power to do it; or because he would not leave the care, educa∣tion, and marriage of his chil∣dren, which every man that is not hors du sens & sans raison, out of his vvits, or a very great stranger to the most ordinary and common parts of understanding, was never yet denied, or were enforced to make a War to; take away tenures in Capite, which was a principal flower of the Kings Crown; or for a Reformation of Religion, which was already the envy and ambition of the best of

the Reformed Churches; or to commit sacriledge, or abolish E∣piscopacy, which at the least was of Apostolical institution; or to preserve the Statute of 25. E. 3. concerning what was Treason; when they themselves commit∣ted most of the Treasons, were mentioned in it, and more then their fore-fathers, and the makers of that Statute, ever thought on? But that we may do all the right we can to those which have done so much wrong, and the better carry on our judgements to a cer∣tain conclusion of that which God and all good and just men know to be true enough, it will not, we hope, be impertinent in this our search and disquisition of the truth to proceed to the en∣quiry.

CHAP. V. Whether the Parliament in their pre∣tended Magistracy have not taken lesser occasions to punish or provide against Insurrections, Treasons and Rebellions, as they are plea∣sed to call them.

ALl in the Neighbourhood of their proceedings, that know but any thing of them, can tell it: The Parliament have not been wanting to their own preservations and purposes in the exercise of the greatest Jealousie▪ Vigilancy, Terror and Authori∣ty over those they could but get within their pretended Jurisdi∣ction, witness Edward Archer, who was whipt and punished almost to death for speaking but his ill wishes to the Earl of Es∣sex,

when he was marching out of London with their Army a∣gainst the King; the Imprison∣ment of their own Members for speaking against the Sence and Cabal of the House of Commons; men and women, old and young shut up under Decks, ready to be stifled a ship-board, upon sus∣picion that they affected the King; hanging of the two Bri∣stoll Merchants, Mr. Bourchier and Mr. Yeomans for an endeavour to deliver up Bristol. ; putting Co∣lonel Essex out of the Govern∣men of that Town upon suspi∣cion of favouring the enterprise; hanging of Master Tompkins and Master Chaloner for a purpose to force the delivery up of some factious men to Justice; banish∣ing Master Waller, an eminent member of the House of Com∣mons,

for the contrivance of it; searching the Houses of Forraign Embassadors; and intercepting and opening their Letters; Be∣heading Sir Alexander Cary for an intention to deliver up Plymouth, and Sir John Hotham (who ad∣ventured first of all to set up their authority, and was magnified, and almost adored for it) for an intention only to deliver up Hull to the King; executing of his Son for joyning with his Father in it; hanging Master Kniveton, one of the Kings Messengers, but for bringing his Majesties Proclamation to London for the adjourning of the Tearm (being a greater misusage then Davids messengers received from King Ammon;) imprisoning, starving & undoing of any that durst but own the King, or write any thing for or in his behalf, or send or

bring any message from him or his party, or that did but give any aid or assistance to him, to which their Oaths and Consciences and the Covenant (which they them∣selves took, and forced upon the people) did oblige them; shooting and cannonading of the Queen when she came but to aid her husband, and chasing and shoot∣ing after her at sea a year after, when she was going back into France from him; sequestring wives and mothers that did but relieve their husbands and chil∣drens wants when they returned out of the Kings service; putting thousands of Orthodox Ministers out of their benefices and live∣lyhoods for using the Common-Prayer-Book, preaching true Doctrine and obedience to the King, or praying for him at the

same time when they pretended liberty of conscience, and preser∣vation of Religion; voting the Prince a Traitor for wishing well or being in company with his Father (for he was too young to do any thing else for him) and making, or rather supposing charges of high Treason against those that either fought for the King, or counselled him how to defend himself; in obeying the known Laws w^ch they themselves made the world believe they made some part of the war for, ordering all to die without mer∣cy that did but harbor the King when he fled in a disguise be∣fore their Armies; condem∣ning men by a Court martial after the War vvas ended, and Shooting them to Death but for vvords or intentions.

And if this and many things more which might be said of it, be not enough, what means so many Sequestrations, and the bleat∣ing and lowing of mens Sheep and Oxen taken away from them since the War was ended, but for words spoken either for the King or against them? hus∣bands and fathers undone for what their wives or children did without their privity? the Maior of London & divers Alder∣men Imprisoned but upon a sus∣picion of joyning with the Scots, or acting in pursuance of the Co∣venant which they forced them to take, or else would have un∣done them for refusing of it? Garrisons and Armies with Free∣quartering and Taxes kept up, and the people like sheep devou∣red to maintain them? so much

complaining in our streets? and the taking away from some all their lands & from others what they pleased and enforced many thousands to compound for their lands & estates for joyning with the Kings forces, or for being forced to send provisions to them (when they took up Arms some in pursuance of the Covenant, and others of them to deliver the King out of prison) & causing the Souldiers not only to cut and kill divers of the County of Surrey in the very act of petitioning the Parliament for a Treaty of Peace with the King, and Sequester many of them for putting their hands unto it; with disabling the Ci∣tizens of London for bearing any Office in the Citty or Common∣wealth for but putting their hands to the Petition for the

Treaty, though Cromwell himself had not long before set on some to petition for it, and the ruine and undoing of two parts of three in the Kingdome, very ma∣ny of whom did nothing actu∣ally in the Wars, but were only sacrisiced to their pretended rea∣sons and jealousies of State, & do sufficiently proclaim and re•…•…ain the vvoful Registers to after ge∣nerations of this lamentable as∣sertion. If the King could have gotten but so much leave of his mercy, and tender-heartedness to his people as to have used but the five hundreth part of the Parliaments jealousies, & sharp and merciless authority in the managing of this war, so much of his Kingdomes and people had not been undone and ruin∣ed, nor the Parliament put to so much labour to coyne faults

and scandals against him, nor to wrest the Laws to Non-sense, and the Scriptures to Blasphemy to ju∣stifie their most horrid act of Murdering him, but for seeking to preserve the Laws and Liber∣ties of his people, who are now cleerly cheated out of them. And here our miseries tels us we must leave them, and in the next place shall remember (for indeed it is so plain it needs no enquiry,)

CHAP. VI. Who most desired Peace, and offered fairliest for it.

THe abundant satisfaction w^ch the King had offered them from his first summoning of the late Parliament, to their dissol∣ving of themselves, by dissol∣ving Him who gave them all their Life and Being; that which he did, and all which he would have done: So many Declara∣tions, Answers and Messages penned by himself, intending, as much as his words could sig∣nifie, and were believed and un∣derstood by all at that time that were not interessed or engaged against him, and by many of the eagrest of them also that had no hand, or lookt to have any

profit in the murthering of him (for a Tryal of a King without either Warrant or Colour of Scripture or the Laws of the King∣dome, or the consent of the ma∣jor part of the people (if that could have authorized it) can∣not, nay, will not by all the world and after ages be other∣wise interpreted, unless we shall say Ravillae might have justified his killing of Henry the Fourth of France, if he had but had the wit to have framed or fancied a Supreme Court of Ju∣stice, and have Sentenced him before he had done it) will be as Pillars and lasting Monu∣ments of this Truth, The King was the only desirer of Peace, and laboured and tugged harder for it then ever Prince or King, Heathen or Christian, since Al∣mighty

God did his first dayes work, did ever do with Superi∣ors, Equals or Subjects: and it will be no wrong certainly to David (whose sufferings are so much remembred in all Chri∣stian Churches) complayning so bitterly, That he sought peace with those that refused it, and in the mean time prepared for War against him, Yo say the King did suffer more, and offer more and oftner for peace then ever he did (for any thing is extant or ap∣pearing to us) for surely so many messages of peace, as one and twenty in two years space, from the 5 of December 1645. to the 25. of December 1647. sent to the Parliament after so many af∣fronts and discouragements, must needs excuse him that offered all could be imagined

to be for the good and safety of his people, and condemn those that not only from time to time refused it, but adhered so much to their first intentions, as all the blood and ruine of the peo∣ple could not perswade them to depart with the least punctillio of it, though the King before the Isle of Wight Treaty offered so much for the Olive-Branch, as to part with the Militia for the terme of his life, and in a man∣ner to un-King himself, and was afterwards content to do all that his Coronation, Oath, Honour and Conscience could possibly permit him to do; and to purchase a peace for his people, would have perswaded his Inno∣cence to have born the shame & re∣proach of what his enemies were only guilty of, in so much as the

Lord Say himself, and most of his ever craving, never safe enough Disciples, confessed that the King had offered so much, as no∣thing more could be demanded of him. They therefore that can but tell how to divide or put a difference betwixt white and black, night and day, and the plainest contraries, must needs also acknowledg, That the King offered all, and the Parli∣ment refused all; the King was willing to part almost with eve∣ry thing, and the Parliament would never part with any thing; the King was willing for the good of his people to give away almost every thing of his own, but the Parliament would never yeild to part with any thing was not their own. And thus may the account be quickly

cast up between the King and that Parliament, who would have sa∣ved and kept the people from misery, and who was most un∣willing to make an end of it. But that we may not too hastily give the Sentence and try the business, as they use to do at the Council of War, or the new invented way of Justice, sitting with their wil, or the Sword only in one hand, and no Ballance at all in the other. We shall in the next place exa∣mine,

CHAP. VII. Who laboured to Shorten the War, and who to Lengthen it.

THe odds vvas so great be∣tvvixt what the Parliament laboured to get, and the King to keep, as that vvhich swayes the balance in most mens actions vvill be argument enough to conclude, They vvere more like∣ly to loose by a peace then a vvar, therefore the more vvil∣ling to continue it. And if their own interests vvould not put them so far upon it, their vain glory and ambition vvould be forvvard enough to persvvade them to it; and if not that, the success of their arms, or miscal∣led Providence, vvould make them look (as experience tels us

they did) upon any tenders of peace; as Alexander the Great did upon Darius his offer of halfe his kingdome: and if not that, their feares and iealousies now growne greater by wronginge of the King, then ever they were when they without any cause suspected him▪ could never think it safe to let an inraged Lion in∣to his Den they had so long kept out of it. But the King could not fight for his owne, but hee must adventure the undoeiug of his owne; and could not but know that so much as was lost of his Sub∣jects, would be so much lost of a King; and therefore doth all hee can to preserve a People, who had no minde to preserve themselves; and the morniug be∣fore he was inforced to fight in

his own defence at Edg-hill, did not only scnd his Proclamation of Pardon to all (except the Earl of Essex) w^ch would lay down their Arms: but before hee had gathe∣red up the Bayes which he had there won, sends afterwards a like Proclamation of pardon to all those that the day before did all they could to kill him: And in all his actions of War afterward behaved himself like a weeping Father, defending himself against the strokes and violence of dis∣obedient Children. For had the Parliament accepted of his offers before he came to Beverley or be∣sieged Hull, he had never set up his Standard at Nottingham; or had they loved his people but half so much as he did, their Ar∣mies had never seen his Banners display'd at Edge-hill. Had they

hearkned to his many endea∣vours for peace after that battel, and not sought to surround or ruine him when he came so neer as to their very doors to intreat for it, they had never been trou∣bled to frame an accusation a∣gainst him for defending him∣self at Braynford: had his Trea∣ty at Oxford been proceeded in with the same desires of peace he brought to it, the blood that was shed at Caversham bridge had been kept for better purpo∣ses; had he sought his own ad∣vantages he had not besieged Glcoester; or had he not been so unwilling to put the people in it to the hazard of a storm, might have taken it; had they not sent their General to assault him at Gloucester, whil'st he was as Da∣vid besieging the strong hold of

the Jebusites that with-held it from his obedience, and sought to ruine and undoe him as well as his Loyal Subjects, he had not fought with them after∣wards at Newbury, had not his Olive branches been flung in the fire by those he sent them unto, he had not been put to defend himself at Cropredy bridge: had any thing been able to prevail with the Parliament to pitty their fellow Subjects, he had not taken such a tedious and dan∣gerous march to relieve those they would have ruined at Bod∣min in Cornwal: had the Treaty at Uxbridge taken effect, he need∣ed not afterwards have adven∣tured so much to defend him∣self at Newbury: had not the new model'd Army after so ma∣ny tenders of peace refused by

their masters, been sent out to destroy him, he had not been put to the trouble of taking Leicester for his security: and had not he been surrounded and al∣most surprised by them, he might have reserved himself to a bet∣ter success and advantage then he had at Naseby: had his vo∣luntary resigning up of the re∣mainder of his Armies and Ga∣risons been able to perswade any thing with them, there had not been so much as a Relique of War left in the Kingdome; or could so many messages for peace, and so many Petitions of the people for it, have made but any impression on the Par∣liament, so many divisions, par∣ties and insurrections had not since broken the Harps of the Children of Israel, nor had the

drums outgone the voice of the Turtle. He that could not bring himself to the common actions of War to hang a Spie, but when one was hanged before he knew of it, was intreating the Gover∣nour of Oxford to spare him. He that when he had in his power John Lilborne one of the most fa∣ctious that were against him, Wingate and Darley Parliament men, Col. Ludlow an actor of that Treason his father had not long before spoken against him, and Dr. Bastwick one of the bellows and principal fa∣ctours of this horrid Rebellion, did no more then imprison some of them, and giving the rest a legal Tryal, shewed them what the Law they made silly people believe they took up arms to maintain would judg of them,

and suffered them to be exchan∣ged to do what they could af∣terwards against him: He that when he had taken 400. Prentise-boies in the Fight at Brainford did but dismiss and pitty them; and when he had compelled the Earl of Essex, the Parliaments General, at Lestithiel in Cornwal to fly away by Sea in a Cock-boat, & leave all the Artil∣lery and foot of his Army to his mercy, did no more but only dis∣arm them, and take an Oath of them never more to serve against him: And being then in the hight of his prosperity, sent a Message and offer of peace to the Parliament, who were low enough at that time (if their de∣signes would have given them leave) to have received it: He that could say, He should be

more afraid to take away any mans life unjustly then to loose his own, was not likely to be guilty of blood-seeking or the sheding of it: He that had ex∣perience enough how much his Life and Crown were sought for, yet to shew them the way to peace, and to take off all preten∣ces to hinder it, could sheath his own sword, and put him∣self into the hands of those he had so little reason to trust, as he knew them to be the great contrivers of the War against him, caused the Marquess of Montrosse, one of his mighty men of war, to disband, when he was master of a strong and (not long before) fortunate Army in Scotland; commanded New∣arke, Oxford, Wallingford and Wor∣cester, very strong and almost

impregnable Towns and Gar∣risons in England to be delivered up, and all acts of hostility by sea and land, and all the prepa∣rations his friends could make either in forraign parts or at home to cease: He that could endure five years Ballading, Li∣belling, and preaching against him, and such heaps of number∣less affronts and injuries of all kinds done unto him, and two years imprisonment afterwards; yet so long as he enjoyed but the liberty of pen and inke, or a messenger to carry it, did so tire them with messages and of∣fers of peace, as they Voted it to be Treason for any to bring any message from him; and not∣withstanding all that made shift to throw a message or Decla∣ration to his people, made up

like a ball out of the place of his close Imprisonment at Carisbrook was not like to desire the length∣ening that war w^ch he did all he could to avoid, and offered so much to make an end of: but on the contrary if we take in∣our consideration the more then Gothish unheard of inhumane cruelties acted and done by the Parliament against their better fel∣low Subjects, their Plundrings, Se∣questrations, and racking of every mans estate they pleased to call Delinquents; severities in all their actions, standing upon every punctilio or word, or superscription of a Letter, and not abating a tittle of their de∣mands, as if they had been the Decalogue or some other place of Scripture (though rivolets of blood, hundred thousand of ru∣ined

families, and thronged hos∣pitals of sick and wounded men, Widows and Fatherless cryed a∣loud to them for peace) and their killing and murthering those that but Petitioned for it, and a foundation laid of a new War may last as long as that of the Netherlands and Germany. There will be enough and e∣nough again to insure us of this most cleer and evident truth, That the King did all he could, and more then any man else would have done to obtain peace, and the Faction or Parli∣ment all they could to avoid it: for certainly if there be any rules of Learning, Truth or Reason left us to judge by, He must be sequestred of all his brains that can but endeavour to make a doubt whether the King did not

more resemble the true mother of the Child in the case before Solomon, who did so much, and offered to part with so much to save the life of it; then the Par∣liament that would have it more divided, and to be cut and torn all to bits and pieces, and would do nothing at all to save, but every thing to destroy it. And now we have seen a King undone and imprisoned for his endea∣vours to protect his people, and bring again beloved Peace to those that would not entertain it; and heard the report of his murther (for most of the peoples eyes have not seen it, nor have their hearts acted in it) we shall as most men do (after they have lost a good offer or oportunity) enquire,

CHAP. VIII. Whether the conditions offered by the King would not have been more profitable, if they had been accept∣ed; and what the people have go•• instead of them.

IN order to which, though so woful and over-and-over-bit∣terly-Tasted, Seen, Felt, Heard and Understood-experiences of the mise∣ries w^ch have come unto us by the Parliaments not accepting the gracious offers & conditions w^ch the King made unto them, may make it to be as needless to en∣quire of them, as for a man to ask where to find Pauls Steeple in London when he is in Pauls Church-yard, or to enquire for the Sun in the Dog-dayes, when he and every man else may see or feel

the effects of it, we shall be con∣tent to consider what the King offered, and what the Parlia∣ment would have had him to grant. What the King would have done, and what the Parli∣ament have done, and by that see which would have been the better bargain.

The King like a pater patriae offered over and over to grant all manner of Laws and Liber∣ties which might be good and wholsome for his people, and only denyed to grant those things the granting whereof (as he said himself) vvould al∣ter the Fundamental Lavvs, and endanger the very foundations upon vvhich the publick hap∣piness and vvelfare of his peo∣ple were founded and constitu∣ted, or to give them stones instead

of bread, or Scorpions instead of Fishes. But the Parliament mean∣ing to feed the people neither* 1.87 vvith bread nor fishes, ask the Roy∣al Svvord, Crown and Scepter, Coronation-Oath and Consci∣ence, and an Arbitrary povver to Govern and Domineere over their fellow Subjects, and to en∣slave those that trusted them. And though the King had al∣ready granted enough to pre∣serve the Lavvs, Lives, Religi∣on and Liberty of the people, and vvas so vvilling almost at any rate to purchase a peace for himself and his people; as he vvas content to part vvith his Svvord and Militia, and divers other parts of his Regality during his life: Yet that vvould not serve the turne, 'tvvas Naboths Vineyard, not Ahabs Fast w^ch made

all the business: The Fa∣ction or Partie in the Parlia∣ment that pretended so much to deny themselves, and to dote upon the people, do notwith∣standing all they can to conti∣nue the War, and to cozen and force the peoples blood, estates, and conscience out of them; and they must never give over pay∣ing of Taxes, fighting and fooling till they enable them to imprison their King, and not only mur∣der him, but thousands, and ma∣ny ten thousands of their fellow Subjects, and the Laws, Reli∣gion and Liberties of the people.

And now that they have done more then the men of the Gun∣powder-treason ever intended to do, and that all England are become like sheep without a Shephard, wandring on the

mountains, and thousands of Wolves by Votes and Ordinances, and mis-called Acts of Parliament appointed to feed them; four or five years sad experience in the Wars of the Parliament against the King, and almost as much more time spent in setling & sub∣duing the people, making them like Camels to kneel down to take up their burdens, labour, and travel hard, and endure hunger and thirst under them: yet yield up the veines to be pricked for blood to enable their drivers to furnish them with a new supply of burdens, when they shall be discharged of what they have laid upon them: may easily shew us a difference as big as a mountain betwixt our old good Laws and Liberties enjoyed under a graci∣ous King, who had an Estate of

inheritance large enough of his own, besides an Oath to oblige Him to protect us: and a Hell upon Earth, and the most Slavish of all the governments which were ever yet put upon a Nation, by men of as little Wit and Estates as they have honesty; having no other obligations upon them but their own abhominable designs and interests. For which of the people unless those that have tra∣ded in their neighbours blood and ruine, but hath made their complaints of their undoing?

The Religion of the Kingdom once so glorious, is now cut in∣to fancies and blasphemies; the Churches where God was wont to be worshipped, either defaced, pulled down, or made Stables for horses; the Laws of the King∣dom which were consonant to

the Word of God, and had in them the Quintessence of all which could be found to be extant in the Laws of Nature, Nations, Civil Laws, or rectified Reason, and whatsoever the wisdom and care of all former Kings in Parlia∣ment, or the usage and customes of this or any other neighbouring Nations could bring to its per∣fection, and were wont to nou∣rish and preserve peace and pro∣perty among us, voted out, or into that sense, or the other interest to that every thing or nothing, or to that non-sense according as the Lawless, Unlimited, Unjust, and Ignorant will of fellow subjects, shall please to mis-use them in the Voting-house, or place of ban∣dying aies or noes: (For a Parlia∣ment which in its legal and pri∣mitive institution consisting of

King, Lords and Commons, and the right use of it, is so venerable as no man (as our Laws say) ought so much as to speak, or think dishonorably of it, we can∣not without violence to the Laws and our own reason and under∣standing call it) where Publique orders are made without hearing of all, or any parties interessed, a piece of a cause heard by some, and none at all of it by others; votes and parties made and pack∣ed and lent to one another before∣hand, and the best of the Facti∣on, and juglers, carry all the busi∣ness as they have a mind to it. A way of Justice worse then that (if there were any in it) of a lawless Court said to be kept yearly on a Hill betwixt Raleigh and Rochford in Essex, the Wed∣nesday after every Michaelmas-day,

where the Steward or Judge sit∣teth a 1.88 in the night after the first Cock∣crowing, without any light or Candle, and calleth all that are bound to attend the Court with as low a voice as possi∣bly he may, writes orders with a coal, and they that answer not, are deeply amerced: For that being a parti∣cular punishment long ago infli∣cted upon the tenants of certain Mannors in Raleigh hundred for a conspiracy against a King, is but once a year, and some shift, change or mercy of the Steward, or an appeal may take away the inconveniency of it. A vvay of government vvorse then to be subject to the rule of so many fools, for they might perchance do that vvould be just; or so many Knaves, vvho but in play∣ing the Knaves one vvith ano∣ther, or for reward, might some∣times

do that vvhich vvas right; or Mad-men vvhich at intervals might do something vvhich vvas reasonable, vvorse then for every subject of England to be put to play at dice for his Life, or Estate, or any thing else which he should crave a Justice to get or keep; for then he might by skill or chance obtain some thing: In fine vvorse then any example or vvay of Government the World hath as yet produced, and can have nothing vvorse but Hell it self.

The Parliament and priviled∣ges of it are destroyed, and every mans Life and Estate in no better a condition then at the pleasure of the next pretenders to it. All the Charters and Liberties of Ci∣ties and corporate Tovvns, Cor∣porations of Trade, and Compa∣nies of Merchants made void;

all Merchandise, Trade, and manufacture of the Kingdom laid open, and in common, to every one that will intrude upon it; all that is in the Law concern∣ing our Lives, Estates, Liberties and Religion, made voide and dependent upon their Arbitrary Independent power; all that is in the Law concerning Navigation, the Kings protection of His peo∣ple; certainty of Customes, Trade and entercourse, leagues and cor∣respondencies with Forraigne Princes expired or anihilated, and all that our forefathers have ob∣tained by way of Laws and Settle∣ment, and certainty of Estate, are now at the dispose of our Vote∣mongers; who instead of a most Pious and Gracious King govern∣ing by known Laws, have set us up 43. or 50. Kings; and ten

times as many more Knaves and Fooles, who will govern by no Law but such as they shall call Laws and make themselves; can be accusers, witnesses, and Jud∣ges at one and the same time, and if need be, condemn and take a∣way mens Estates first, and try them after two or three years Pe∣titioning for it: a bondage and slavery in the general more then ever any of our ancestors tasted of. For the Romans whose Justice and morality at home, and ver∣tue and temperance abroad, made them free enough from Tyranny; did but make them as Tributaries: The Picts made but temporary incursions, and a wall could be made against them: The Saxons and Danes brought us good Laws; and William the Conqueror was contented to re∣store

them. And all that succeeded him since, understood a govern∣ment by Laws to be their own as well as the peoples security: but this which they have now brought upon us, and would keep us under, is a misery be∣yond that was suffered under the 30. Tyrants of Athens, Spartan E∣phori, or Romes Decemvirat, for there were something of Laws and Rules to govern by: The Children of Israel in the Egyptian slavery had a property in their goods and cattel, and were at li∣berty to serve a better God then that of their masters, and though they had their burdens doubled upon them, were not killed, im∣prisoned or sequestred for petitio∣ning against the sense of Pharaoh. The Jews in captivity had so much liberty of conscience al∣lowed

to them, as to play upon their Harps, and sing the Songs of Sion in a strange Land. The fro∣zen Russians, though so dull and ignorant as when they are asked any matter of State or difficulty, make answer, God and the great Duke knoweth, breath not under so arbitrary and lawless a govern∣ment: The Grecians had not their Laws, Religion, and Liberties, as we have, all at once taken from them; nor can the suffer∣ings of them, or any other vas∣sals of the Ottoman part or those that live under the Crim Tartar e∣qual the one half of our English Slavery.

Into which we had never fal∣len, or come at all, or so long groned under, had we but ser∣ved God and the King, as we ought to have done; and not

wrested the sense as well as the plain words of the Scripture and the Laws of the Land, to enable the sons of Zerviah to be too hard for us, and bring all maner of mischief, confusion and wicked∣ness upon us, more then Romes or Constantinoples Antichrist ever brought upon a people, and from which the King had deli∣vered us if we had not Cursed, Reviled, Prayed, Contributed, and fought against Him for en∣deavouring to Protect us. How gracious then was he who endu∣red the heat of the day and cold of the night, to preserve a great deal more for us then Nabals Sheep could amount unto: yet being worse used then ever David was for it; could not tell how so much as to threaten to do that which David had so great a mind

to do, but fought as long as he could to protect them, would not so much as defend them∣selves; but did all they could to ruine those that defended him. And how much was he beyond Codrus the Athenian King, the Ro∣man Curtius, or Decii (if all that the Ancients wrote of them were true) who sacrificed themselves, but not their Estates and Posteri∣ty to preserve the publique, and how good beyond example, or the Credit of any history, who made himself a Martyr for His peoples lives, and liberties; and endured so many deaths, and suf∣fered more indignities then all the Kings of England put together have ever endured to preserve a people, who have (for a great part of them) either by Rebellion, or an accursed▪ Newtrality helped to

ruine him: and when he knew whatsoever Conditions or Proposi∣tions he should be forced to yield unto, would by the Law of God as well as the Civil and Common Law, the Laws of Nature and Nations, and the dictates of e∣very common mans reason and apprehension have been void in the very making of them, and could not have reached to his po∣sterity, and that if he would but have surrendred up his people, and gone along with their new masters in their Arbitrary and Ty∣rannical government, as some of His last words upon the Scaffold plainly intimate, and sided with 20. or 30. of the Faction, and de∣livered up the Sheep to the Wolves; he might no doubt have had a good part of the Fleece to his own share; or but have pleased him∣self

with revenge, & delivered up a people to Slavery, who were at so much expence of Treasure and Blood, and their own Souls, to bring their Soveraign to it; might have worn the title of a King, and played the wanton with Sar∣danapalus in the company and de∣light of women, pleased his pa∣late with Vitellius, his pride if he had any with Bassianus, his cru∣elty if he could ever have been guilty of it with Commodus, and with Childerick the lazy King of France in a Chariot deck't with garlands, whilst others govern∣ed for him, been at certain times of the year onely exhibited to the people; and like the Minotaure of Creete wallowed in the labyrinth of Parliament priviledges and de∣voured his people, did notwith∣standing refuse to do any thing

that might help himself either to purchase his own quiet, or so great a Liberty; and would nei∣ther for any good which might come to himself, or any evil that might be cast upon him and his posterity, be perswaded or threat∣ned from the protection of His People, who (if He had not ta∣ken more care for them then they did for themselves) must, if He had yielded to all the Parliament Propositions (for then they might have imagined mischief by a Law) have from time to time been en∣gaged in any War that their task∣masters had a mind to put them upon, must have been excised, plundred, sequestred, ruined, and undone; sworn and for∣sworn; constrayned to swear to do a thing to day, and the next day swear not at all to do it. The

son set to kill his Father, and brothers forced to fight one a∣gainst another, and have all their holy-dayes turned to thanks-gi∣ving days, that they are undone, or fasting dayes that they may be undone soon enough. And if at any time that thing they call a Par∣liament, should think it fit to make a directory to the Alchoran, and to order every man to turn Turk, and the King as their Henry Scobel or Town Cleark, but sub∣scribe it, their Spiritual as well as their Temporal Estate, and their Souls as well as their Bodies must be voted and forced to it.

And now let the People that have tasted too much of such a kind of happiness, and are like to continue in it, as long as their misery-makers can by any help of the Devil or his angels hold them

to it; consider whether they or their forefathers (though some have thought themselves to have wit enough to adventure to call them fools) were the wiser, whe∣ther they that setled the govern∣ment, and were contented with it, or they that pulled it in pie∣ces, and whether the tearing up of the fundamental Laws of Mo∣narchy, Peerage Parliament, and Magna Charta, ever since the day the King was murthered for de∣fending of them, which every one but themselves desired to up∣hold, be not enough (besides the Scottish combination, and the plots to ruine Monarchy, and the King & His posterity, before they had so far engaged themselves in it) to inform them, if nothing else had been demonstrated unto them: That the King did all He

could to preserve the Laws, Re∣ligion, and Liberties of the peo∣ple (which divers pieces of His coyn will help to perpetuate the truth as well as the memory of) and the Parliament all they could to destroy them: And that as He actually endeavoured to defend them, so they have as actually undone and destroyed them. And let the greatest search of Hi∣story that can be made, or time it self be Judge, if ever any War was more made in the defensive, or upon juster grounds, or greater necessities, or if ever any King be∣fore fought for the Liberties of those He was to govern, and for Laws to restrain himself withall; or if it were possible for him to suffer so much in any mans opi∣nion, as to have it thought to be unlawful, or that He was a mur∣derer

of His people for seeking to protect them. How shall any King or Magistrate be able to bear or use the sword, when they them∣selves shall be in continual dan∣ger to be beaten with it?

King Edward the 2. of England, was not murdered for the blood that was shed in the Barons wars, though some of them had drawn their swords, but in perfor∣mance of his fathers will to take away his favorite Gaveston from him. King Rich. 2. in those ma∣ny devised Articles charged a∣gainst him, was not deposed for the blood was shed in Wat Tilers Commotion; nor Hen. 6. pu∣bliquely accused for that of Jack Cades rebellion, and the most bloody differences of the White and Red Roses; nor Queen Eli∣zabeth for all that was spilt in re∣ducing

Ireland, when her favo∣rite the Earl of Essex made it to be the more by his practises with Tyrone; nor for the blood of Hac∣ket who pretended to be Christ; nor of Penry, and other Sectaries (lesser Incendiaries then Burton, Bastwick, & their disciples) for di∣sturbing the Common-wealth: the great Henry of France was not en∣deavoured by his Catholick Subjects to be brought to trial for shedding so much of their blood to reduce them to his obedience, nor by his Protestant Subjects after he was turned Catholique, for spending so much of their blood to another purpose then they intended it. Nor have the stout-hearted Germans, though many of them great and almost free Princes (in their late peace and accord made betwixt the Swedes and the Emperor,

thought it any way reasonable or necessary to demand reparation for those millions of men, wo∣men and children, houses and estates which were ruined and spoiled by a 30. years war, to re∣duce the Bohemians and Prince Elector Palatine to their obedi∣ence.

For what rules or bounds shall be put to every mans particular fancy or corrupted interest, if they shall be at Liberty to que∣stion and call to account the au∣thority which God hath placed over them? Shall the son con∣demn or punish the father for his own disobedience? the Wife her Husband for her own act of Adultery? or the Servant the Ma∣ster for his own unfaithfulness? or can there be any thing in the reason or understanding of man,

to perswade him to think that the King was justly accused for the shedding of His Subjects blood, which the accusers themselves were only guilty of? When Brad∣shaw himself (like the Jews High Priest confessing a truth against his will) in the words which he gave in stead of reason for murthe∣ring the King against the will and good liking of more then 9. parts in every ••0. of the people of England could make his Masters that call themselves the Parliament of Eng∣land to be no better then the Tri∣buni plebis of Rome, and the Ephori of Sparta▪ the former of which for manifold mischiefs and incon∣veniences were abrogated, and laid aside, and never more thought fit to be used, and the latter (not being half so bad as our new State Gipsies) killed and made a∣way

to restore the people again to their Liberties.

But the opinion and judge∣ment of the Learned Lord Chief Justice Popham (who then little thought his grand-child Collonel Popham should joyn with those that sat with their Hats on their heads, and directed the murther of their Soveraign: and if he were now living would sure e∣nough have hanged him for it) and those other learned Judges, in the case and Tryal of the Earl of Essex in the Reign of Queen Elizabeth, That b 1.89 an intent to hurt the Soveraign Prince, as well as the Act of it, was Treason: And that the Laws of England do interpret every act of Rebellion or Treason to aim at the death or deposing the Prince. For that Rebels by their good will ne∣ver suffer that King or Prince to live,

or Reign, that understands their pur∣poses, and may revenge them, agree∣able to that of the Civil Law: That they that go about to give Law to their Prince, will never suffer him to recover Authority to punish it; and the opinion of Mr. St. John the late Kings Sollicitor General in his argument against the Earl of Strafford at a conference in a Committee of both Houses of Parliament.

That the intending, advi∣sing, or declaring of a War is Treason of compassing the Kings death; that an endea∣vour to subvert the funda∣mental Laws and Govern∣ment of England, and intro∣duce a Tyrannical Govern∣ment against Law, is Trea∣son; that an intention to al∣ter Laws or Government,

is Treason; that the insur∣rection of Wat Tiler and some of the Commons in the Reign of King R. 2. though varnished and coloured over with an oath, quod Regi & Communi∣bus fidelitatem servarent, That they would be true and faithful to the King and Commonalty, was in Par∣liament declared to be Trea∣son; and that a machinati∣on or plotting a War, is a compassing the death of the King, as that which neces∣sarily tends to the destructi∣on both of the King and of the people. That it is Trea∣son to counterfeit the great Seal; and that the exciting of people to take Arms, and throw down all the in∣closures of the Kingdom,

though nothing was done in pursuance thereof, was in Easter Term 39. Eliz. resolved by all the▪ Iudges of England, to be a war intended against the Queen, are now written in the blood of the King, & those ma∣ny iterated complaints of the King in several of His Declarations pu∣blished to the people (in the midst of the Parliaments greatest pre∣tences and promises) that they in∣tended to take away His life, and ruine Him, are now gone be∣yond suspicion: and every man may know the meaning of their Canoneers levelling at the King with perspective glasses; at Co∣predy bridge, the acquitting of Pym, the In-keeper who said, he would wash his hands in the Kings Heart Blood, stifling of 15. or 16. several indictments for treasona∣ble

words; Rolfe rewarded for his purpose to kill him, and the prosecutors checqued, and some of them imprisoned for it. For, the Sun in the Firmament, and the four great quarters of the Earth, and the Shapes and Li∣neaments of man are not so uni∣versally known, seen or spoken of; as this will be most certain to the present as well as after ages. The end hath now verified the beginning, and Quod primum suit in intentione ultimo loco agitur, Seven years hypocritical Promises and Practises, seven years Pretences, and seven years mistaken, preach∣ing and pratling have now brought us all to this conclusion as well as Confusion. The blood of old England is let out by a greater witchcraft and cousenage then that of Medea when she set Pelias

daughters to let out his old blood that young might come in the place of it; the Cedars of Lebanon are devoured, and the Trees have made the Bramble King, and are like to speed as well with it as the Frogs did with the Stork that de∣voured them; they have not only slain the King who was their Fa∣ther, but like Nero ript up the belly of the Common-Wealth, which was their Mother: The light of Israel is put out; and the King, Laws, Religion, and Li∣berties of the people murdered, an action so horrid, and a sin of so great a magnitude, and compli∣cation, as if we shall ask the days that are past, and enquire from the one end of the Earth to the other, there will not be found any wickedness like to this great wickedness, or hath been heard like

it. The Seavern, Thames, Trent and Humber, four of the greatest Rivers of the Kingdom, with all their lesser running streams of the Island in their continual courses, and those huge heaps of water in the Ocean and girdle of it in their restless agitations, will never be able to scour and wash away the guilt and stain of it, though all the rain which the clouds shall ever bring forth, and impart to this Nation, and the tears of those that bewail the loss of a King of so eminent graces and perfection shall be added to it.

Quis cladem illius diei? quis funera fando Explicet? aut possit lachrymis aequa∣re dolores? Gens antiqua ruit, multos dominata per Annos.

FINIS.

Notes

• a 1.1

  Order 3. Jan. 1641.
• b 1.2

  Camden Annals Eliz. 99. 103.
• c 1.3

  Ibidem p. 391. 394, & 395.
• d 1.4

  Vide the vote in Mr. Viccars book entitu∣led God in the Mount. p. 78.
• e 1.5

  Collect. of Parl. and Decl. and Kings Mess. and Decl. p. 50.
• f 1.6

  Ibid. 51.
• g 1.7

  Ibid. 52.
• h 1.8

  Ibid. 53.
• i 1.9

  Ibid. 77. & 78.
• k 1.10

  Vide the Petition of some Hol∣derness men to the King; 6 July 1642.
• l 1.11

  Ibid. 153.
• m 1.12

  Ibid. 550.
• n 1.13

  Ibid. 169. 170.
• o 1.14

  Collect. Par. Decl. 183.
• p 1.15

  Ibid. 259.
• q 1.16

  Ibid. p. 297. & 298.
• r 1.17

  Ibid. 301.
• s 1.18

  Ibid. 305.
• t 1.19

  Ibid. 328.
• u 1.20

  Ibid. 333.
• x 1.21

  Ibid. 339. 340. 342.
• y 1.22

  Collect. of Parl. Mess. and Declar. 307, 308, 309.
• z 1.23

  Ibid. 346, & 348.
• a 1.24

  Ibid. 349. 350.
• b 1.25

  Ibid. 350.
• c 1.26

  Ibid. 356, 357.
• d 1.27

  Collect. Par. Decl. 373, & 374.
• e 1.28

  Ibid. 376.
• f 1.29

  Ibid. 442.
• g 1.30

  Ibid. 449.
• h 1.31

  Ibid. 450.
• i 1.32

  Ibid. 453
• k 1.33

  Ibid. 459.
• l 1.34

  Ibid. 452.
• m 1.35

  Ibid. 457.
• n 1.36

  Ibid. 457.
• o 1.37

  Ibid. 465. & 483.
• p 1.38

  Ibid. 509.
• q 1.39

  Ibid. 573, 574, 575, & 576.
• r 1.40

  Vide the Kings De∣claration printed at Oxford, and ordered to be read in Churches and Chap∣pels. Cokes 1. part Insti∣tutes 65. 11. H. 7. 18, & 19. H 7. 1. Collect. Kings Mes∣sages. 579.
• s 1.41

  Ibid. 583.
• t 1.42

  Ibid. 585.
• u 1.43

  Ibid. 586.
• x 1.44

  Ibid. 614.
• y 1.45

  Alber. Gentil. 223.
• z 1.46

  Besol∣dus in dis∣sert. de jure Belli 77. & 78.
• a 1.47

  Albert. Gent. 23.
• b 1.48

  Lucan. lib. 2.
• c 1.49

  Cicero Philippic. 5.
• d 1.50

  Per Pri∣sot.
• e 1.51

  2 Sam. 15.
• f 1.52

  2 Sam. 20.
• g 1.53

  Bodin. pag. 736.
• h 1.54

  H. Gro∣tius de jure pacis & belli.
• i 1.55

  Collect. of Mess. Re∣monst. and Decl. 15.
• k 1.56

  Ibid. 45. 50. 52. 55. 67. 98. 91. 94. 103. 104. 106. 109. 110. 114. 127. 255. 327. 353. 442. 472. 562. 580. 484. 686.
• l 1.57

  Besoldus in dissert. philolog. p. 58.
• m 1.58

  32. Hen. 6.
• n 1.59

  18 E∣liz.
• o 1.60

  Besoldus dissert. phi∣log. pa 88.
• p 1.61

  C. an quid culpa∣tur 23.
• q 1.62

  Dn. D. Bocer de bello cap. 5. Besoldus de juribus Majestatis cap. 6.
• r 1.63

  7. Ed. 1.
• s 1.64

  Facius axiom. 35.
• t 1.65

  Besoldus dissert. phi∣lolog. 88.
• u 1.66

  Besol∣dus Ibid. 95.
• x 1.67

  Dn. Pi∣cart obser∣vat. decad 10. code & Facius axiom. bell. 10.
• y 1.68

  Besol∣dus in dis∣sert. philo∣log. p. 83.
• z 1.69

  Cic. 1••▪ de offi.▪
• a 1.70

  Jov. lib. 1.
• b 1.71

  Polydor. 13. 20.
• c 1.72

  Alberi∣cus Gentilis cap. 3.
• d 1.73

  Jerom. ep. 47.
• e 1.74

  Cicero pro milone.
• f 1.75

  Baldus 3. consid. 485. & con∣fid. 5.
• g 1.76

  Alberic. Genti. lib. 1. 25.
• h 1.77

  Bald. 5. Cons. p. 439.
• i 1.78

  Genes. 14.
• k 1.79

  Judges 20.
• l 1.80

  1 Sam. 30.
• m 1.81

  2 Sam. 6.
• n 1.82

  1 Reg. 20.
• o 1.83

  1 Mac. 3. v. 43.
• p 1.84

  8. June, 1644.
• q 1.85

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. ca. 28.
• r 1.86

  History of the Mar∣quis Mon∣trosse his actions in Scotland.
• * 1.87

  Collect. Kings Mes∣sages and Answers.
• a 1.88

  Wea∣vers Fune∣ral Monu∣ments pa. 605.
• b 1.89

  Cam∣dens An∣nals Eliz. pa. 798.