King Charles vindicated: and the people and Armie admonished. Matter of law delivered by the iudges, at the arraignement of the Earle of Essex. 1. For subjects to put themselves into such a strength that the King cannot resist them, and to compell him to governe otherwise than according to his own royall authority, and direction, is manifest rebellion. 2. The deposing and murdering of the King is a consequent in every rebellion : the rebell not suffering the King to live, or reigne, that may punish him for his rebellion.

King Charles VINDICATED

TO passe by the two Bils brought into the House of Commons, for taking away Bishops, root and branch; and for taking the Militia from the King, and setling it in other hands: (both which Bils were rejected in a full and free Convention of Parliament) Also to passe by the Tumults raised in December and Ianuary 1041. For re∣viving and carrying on the Bils before rejected, by driving away the dissenting Members, and new moulding the two Houses of Par∣liament.

The beginning of the Warre between the King, and a party of the Lords and Commons in Parliament.

The remaining Party of the Knights, Citizens, and Burges∣ses of the House of Commons possessed with feares and jealousies of a Designe to destroy the Parliament and Kingdom, petiti∣on his Majestie that he would be pleased forthwith to put the Tower of London, and all other Forts, and the whole Militia of the Kingdom, into the hands of such Persons as shall be recom∣mended by them, Ianuary 28. And the same Petition to His Majesty is renewed by the remaining Party of Lords and Com∣mons at Westminster, February 2.

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

Which Petition and Ordinance begot in His Majesty also feares and jealousies, of a Designe against Himselfe, and against the Crown, to take away his rights, and to alter the funda∣mental Lawes, and Government of the Kingdom, as appeares by his Answer, Ianuary 28.

Neverthelesse (to comply with them) his Majesty promised, that the Forts and Castles should alwayes be in such hands (and onely such) as the Parliament may fifely confide in, Ianuary 28.

Also his Majesty accepted of Sir John Conniers to be Lieute∣nant of the Tower of London, in the place of Sir Iohn Biron, February 11.

Lastly, he accepted of Lieutenants, by them nominated, to be entrusted with the Militia of the Counties, and offered to grant them Commissions, and Powers, as he had done this Parliament to some Lords Lieutenants by their advice; pro∣mising also to continue the same so long as there should be cause, February 28.

But they are not ••erewith satisfied; and they enforce their Petition, March 1. And set forth a Declaration of the Grounds of their Feares and Iealousies, March 9. And they Resolve, and Vote, That in case of extreme danger, (as at this time) and upon his Majesties Refusal, the two Houses of Parlia∣ment have power to order the Militia of the Kingdom; and the Ordinance agreed on by both Houses for the Militia, doth oblige the People, and ought to be obeyed, by the fundamental Lawes of the Land, March 15.

Now (in farther compliance) his Majesty condiscended, That as the Militia was disposed according to their desires, So it should not be executed without their advice, April 28.

And then also he granted the same for the Coporations, which he had done formerly concerning the Counties.

But nor doth this satisfie them; and secure they cannot be

(in their own opinion) unlesse they have the sole Power of disposing and executing the Militia without the King. Nor un∣lesse they have the Navie Royal also, which they seized, and disposed of, March 28.

Now whether those Lords and Commons did put them∣selves into the Strength of the Kingdom, to prepare against Danger, or for a Designe, the consequents must shew: prece∣ding Actions of this nature (by reason of the deceivablenesse of the heart of man) being not to be rightly understood, but by the subsequent Managements.

And in their deportment afterward, I sinde more of confi∣dence than of fear, more of audaciousnesse against the King than of solitousnesse for the Kingdom; an endeavour rather to subvert and destroy than to preserve and maintain the Fundamental Constitution and Government of the Kingdom and Parlia∣ment.

Sir John Hotham keeps the King out of Hull, April 23. and the two Houses justifie his traiterous Act, April 28. I call it A Traiterous Act, because to bold a Fort or Castle against the King, is to leavy War against the King: which is High Treason by the Statute of 25. Edw. 3.

Not long after, M. Martin sayes openly in the House of Commons, and unreproved, that the Kings Office is for∣feitable, and that the happinesse of this Kingdom did not de∣pend upon his Majesty, or any of the Royal Branches of that Root.

And Sir Henry Ludlow, that he was not worthy to be King of England; which doubtlesse was the Sence of the Parlia∣ment; for May 26, both Houses declare, That they should not want duty or modesty if they followed the highest presidents of other Parliaments; that is, if they should depose and murder the King, as other unparaleld Parliaments had done, Edward and Richard both the Second.

The Crown it selfe can not escape them. For in the same De∣claration, they deny the Kings Negative Vote in Parliament.

And to deprive the King and Crown of their power, not one∣ly

in Law making, but also in Governing, Iune 2. They offer to his Majesty Propositions, destructive of Regality and Monar∣chy, viz. For the two Houses of Parliament

• 1. To nominate the Lords of the Privy Councel, and all the great Officers and Ministers of State, and the chief Iudges of the Land.
• 2. To reforme Church-government, and the Lyturgy as they shall thinke fit; and to call, and consult with Divines to that purpose.
• 3. To dispose and execute the Militia of the Kingdom, ac∣cording to their Ordinance.
• 4. To approve those to whom the Command and Custody of the Forts and Castles shall be committed.
• 5. To Admit such Peeres as shall be made hereafter, to sit and vote in Parliament.

And Iune 10. They sent forth Propositions for bringing in Plate and Money, and Raising an Army, To make good what they had taken from, and declared against, and proposed to his Majesty; viz. To keep the Forts and Castles, and the Militia and Navy from Him; and to take from Him and from the Crown the Power of Law making, and governing the Church and State: and to de∣pose, and to destroy Him; and to root out his Posterity, together with Monarchy.

And is not this by force of Armes to shake off the yoake of of subjection, and to Rebell?

Whereupon, Iune 16. His Majesty in like manner published Propositions to his Subjects for bringing in Money and Plate, to raise an Army, for recovering the Forts, Castles, Militia, and Navy; and for maintaining and defending his Negative Vote, and the Power of the Crown, in Law-making and Governing; and for defence and preservation of his Royall Person, Dignity, and Posterity.

And is not this to take up Armes for suppressing Rebellion?

I know there were severall other Propositions offered to his Maiesty before and since the War; but I omit them, because themselves do not finally insist on them.

And now what those Lords and Commons declared and proposed from the beginning, Against the King, and against the Crown, the same in every particular do they propose and demand at this day: as appeares by the New Propositions of Peace, and the four Bils sent to his Majesty at Carisbrook Castle, which we had not known but by the Answer of the Scots Commission∣ers: and they tell us.

• 1. That the Preface compared with other parts of the Pro∣positions, takes away the Kings Negative Voice, and cuts off all Royal Power and Right in Law-waking.
• 2. That they divest the King, his Posterity and the Crown for ever of all Power and Right of the Militia.
• 3. That they deprive the King of conferring Titles of Ho∣nour, and of disposing of the great Officers of State, and the naming of Privy Counselours.
• 4. That they take away the Court of Wards and Forrest Lands from his Maiesty.
• 5. That the Four Bils were as followeth.
  • I. For setling the Militia of England and Ireland in both Houses of Parliament, and for raising Money for Main∣tainance of Forces at Sea and Land, by the two Houses of Parliament.
  • II. For justifying the Proceedings of Parliament in the late War.
  • III. That all Peeres lately made, or to be made hereafter shall not sit or vote in Parliament, but by the consent of the two Houses.
  • IV. That the two Houses shall have power to adjourns at pleasure.

Their Proceedings also at present, (Relating to his Majesties Person) are according to their above-metioned Speeches and Declarations.

For, as when at first his Majesty put himselfe into their hands, they restrained him, at New-castle and Holmby; so row, upon res••ing their Four Bils, have they strictly imprisoned him at Carisbrook Castle; and never was a King of England imprison∣ed by his Subjects, but he was deposed and murthered. In order whereunto they passed there Votes, of making no more addresse to the King, nor receiving any Message from Him, Ianuary 1. And they have set forth a Declaration expressing the Reasons of those Votes, February 11. And the Army are resolved to live and die with them, In maintenance of those Votes, and in setling their designed Government Without the King, and against Him, Ianuary 9. And though they seem at present to prosecute the King upon emergent Provocations, (that He made War against them, that he Would not assent to their Propositions.) Yet from M. Martins Speech and Sir Henry Ludlows, and from the De∣claration of the two Houses of Parliament (before Armes were taken up, and before any Propositions sent to the King) it appeares, that from the beginning they had a Designe against His Ma∣iesty; and what was spoken and declared then is agitated and pursued now; (as then) meerly in order to their great Designe against Royalty and against Monarchy.

In order whereunto they declare now against the Kings Fa∣mily and Posterity. Also who cannot be (if his Maiesty were) guilty of any thing in relation to the War, or to the Proposi∣tions.

But Vsurpers are ever Murderers, 2 Reg. 11.1. & Matth. 21.38, 39, &c.

The Renewing of the Warre on behalfe of his Majesty, against those Rebellions Lords and Commons.

NO marvell then, if at present the warre be renewed on behalfe of his Majesty upon the same Reasons and grounds, that himselfe at first undertooke it: (viz.) For recovering the Forts and Castles, and the Militia, and the Navy, taken and detained from his Majesty, and for defending, and maintaining the Kings negative vote, and the power of the King and Crowne, in Law making and governing; and for delivering his Majesty out of Prison; and for preserving the Royal Posterity.

And for those Reasons us likely, that other Princes and States will engage for the King, who cannot but be sensible of these Insolencies upon his sacred per∣son, and of the bold attempts made against the Crowns, and of the horrid designes against the Royal Pregeny.

And now that they are visibly acting, and complea∣ting their traitrous, and rebellious designes, upon the King, and against the Crowns; how should all his Majesties Loyall Subjects rowse and arme themselves for the re∣skue of the King, and of the Crowne; being bound by the Oath of Alegeance, to beare faith, and true Ale∣giance to his Majesty, his heires and successors, and him and them to defend to the utmost of their power, against all conspiracies and attempts whatsoever, which shall be made against his, or their persons, their Crowne and dignity.

An Admonition to the People.

And now that their pretences of Reformation, and li∣berty, prove to be weare stratagems, and delusions, how Should the abused, and misled people of the Kingdome be enraged against them? who under these specious

prete•…•…s have drawne them in to Rebellion; and by that meanes have brought grievous, and ensupporta∣ble calamities upon them, especially decay of trade, Cattle, and husbandry; whereby many thousand Fa∣milies are reduced to extreame beggery, and the whole Kingdome (at this day) languisheth under a dearth and scarcity.

And considering their protestation, and the national Covenant how should they endeavour to bring to con∣digne punishment, who have not onely themselves done contrary to those Oathes, •…•…u have forced o∣thers also to doe the like, in all things concerning the King, his person, his honour, his estate, his authority, his just power, and his greatnesse; which they covenanted should not be diminished; and so through their disloy∣alty and pejury, are like to involve us in new difficul∣ties; and inextricable, unexpressible; unconceivable troubles and mischiefes.

Lastly, I finde by the Scots papers aforesaid, that the Contrivers of the new propositions, demand of his Ma∣jesty an establishment of the Army by Law; and that the Subjects should be obliged by Law, for ever to submit to a military power, and pay what moneys shall be imposed for their maintenance.

And hence is it, I believe that the Army are offen∣ded with his Majesty; and because he would not e∣stablish them, therefore will they establish a govern∣ment without him.

And hence are his Subjects more especially bound to his Majesty, who hath preferred their liberty to his owne safety.

But why must the Army, and pay for the Army, be established? because that rebellion cannot be upheld, but by force and oppression.

At first, they became Rebells and Tyrants together; when (by vote) they settled the Militia in themselves, and required the Subjects to obey them, and by u∣surping

upon our persons, and estates, have they maintained that usurpation against the King to this days and so long at their rebellion lasts, will they ex∣pect to be supplyed by us.

Nor is there any hope of ours; but by the Kings re∣demption; nor of ours, but with his restitution; which let us endeavour speedily, and vigorously, as on behalfe of his Majesty, so for our owne ease and liberty.

How unworthily then doe they deale with the King who engage with the Army, that engaged against the King because he would not betray our liberty? and how unwisely doe they deale engaging to main∣taine this rebellion, which cannot be, but by conti∣nuing and encreasing their owne oppression?

How much rather (for their owne sake) should they presse, and enforce his Majesties returne to his Par∣liament, and to his government?

I shall conclude with what the house of Commons gave Mr. Pym in charge to deliver upon the prosecu∣tion of the Bill of attainder against the Earle of Straf∣ford: The King and his people are obliged one to another in the neerest relations: he is the father, he is the husband of the Commonwealth: they have the same interests; they are inseparable in their condition, be it good or bad: he is the Head, they are the Body: there is such an incorpora∣tion as canner be disolved without the destruction of both.

An admonition to the Army

Feare the Lord and the King, and meddle not with them that are given to change; for their cala∣mities shall rise suddenly, and who knoweth the ru∣ine of them both? Prov. 24.21.22.

Peruse over all bookes, Records, and Histories, and you shall finde it a principle in Law, a Rule in reason, and a tryall in experience, that treason doth

ever produce fatall and finall destruction to the o〈…〉〈…〉¦der, and never attaines to the desired end (two •…•…¦dents inseparable thereunto.) Cooks 3. pars instie P. ••••

And in case of treason, felony, and breach of peace, there is no priviledge of Parliament. Cook 4. pars. In•…•…i••, 25.

FINIS

Notes

• Two Bills about Bi∣shops and the Militia, Stusb. 251.543, Tumults in Ian, & Decemb, 1641.
• A party of ••he H of Com peti∣tion for the Militia
• Their Or∣dinance for fetling the Militia The K his feares and jealousi••s
• The Kings condescen¦tions, tou¦ching the Forts and Castles. The tower of London.
• The Mili∣tia of the Kingdom.
• Their vote for setling the Militia.
• The Kings further compli∣ance with them, 1643.
• They serz the Navy Royall. Note. Ier. 79.
• Their de∣portment towards the King. Sir John Hotham.
• M. Martin.
• S. Hen. Lud∣low.
• Of depo∣sing and murder∣ing the King.
• They de∣clare a∣gainst the Kings ne∣gative Vote.
• Their pro∣positions destructive of Monar∣chy.
• Why those Lords and Com, took up Arms.
• Why the King took up Arms. The Kings Wats vin∣dicatory & defensory.
• The other propositi∣ons why omitted.
• Their pro∣positions at present are the very same as former∣ly; & so the grounds and ends of their War are the same, Dec. 1647.
• Their pro∣ceedings relating to his Maje∣sties per∣son.
• There re∣solution to to setle the Govern∣ment with∣out and a∣gainst the King.
• They pro∣secute the King and his posteri∣ty in order to the o∣verthrow of Monar∣chy.
• Usurpers e∣ver Mur∣there•…•….
• The grounds of renewing the war at pre∣sent.
• 1. By Forraine Princes and States.
• 2. By his Ma∣jesties Loyall Subjects.
• 3. By the mis∣led people of the Kingdom.
• For why? 〈…〉〈…〉, is high Treason.
• Why the Ar∣my engage a∣gainst the King.
• How the king hath especially obliged his Subjects.
• Rebellion and Oppression go together.
• Ours 〈◊〉〈◊〉 be the kings Redemption, and Restituti∣on.
• The unworthy and unwise dealing of those that en∣gage against the king.
• The neere Re∣lations be∣tweene the king, and the kingdom, and their mutuall sufferings.