The reason of the war, with the progress and accidents thereof. / Written by an English subject. VVherein also the most material passages of the two books printed at Oxford (in which His Majesties party do undertake to justifie their proceedings) are briefly examined; viz. The [brace] declaration, entituled, Tending to peace; relation of the passages at the meeting at Uxbridge. July 1. 1646. Imprimatur Na: Brent.

The Reason of the VVar, with the Progresse and Accidents thereof.

TO describe the Power and Dignity of a King, the quality and several formes of a Parliament, is not the purpose of this discourse: Or what Esteem a Parliament in other Kingdoms carrieth, That is left unto the curious Pen of a more learned Antiquary: In this Kingdom, breifly, In the ancient and usual acception, it is an Assembly of the Nobility and Gentry, chosen by their Country, and solemnly called together by the King his writ to such a place, at such a time; to debate the affairs of the King and Kingdom.

The manner of being called is by * 1.1 Writ, directed to the high Sheriff of every County, as to the chief Magistrate of Burrough Towns, to return Knights and Burgesses for that service, so Habited, viz. with swords girt on their sides, &c.

Which habit, a Note and Embleme of the valour in them, required the Object to do and go on with Courage and Magnanimity in discharging their trust, which their Country hath repo••ed in them against all Forces oppo∣sing; And no Question if former Kings have deputed none to place of Justice, but menltz valianntz as King Edw. 3. expresseth them, none but such are to defend and serve their Country in the high Court of Parliament,

which controules, and is to give Laws to Justice.

The end of their Assembling, is to determine, Ordain, and provide for the peace, Justice, and safety (the supreamest Law) of the Kingdom; called thereunto by his Majesty, Entrusted by their Country: Whose Councels and Ordinances become Laws, Or in case of variance in Judgement, that so many as are there met cannot all agree in the same opinion, that passeth for a Law which the major part concludes on; so it fares in every body Politique and Aggregative: And those the Parliament Orders and Ordinances are binding to the Subject, as Orders in Inferiour Courts of Chancery, Common Pleas, &c. untill decrees and Judgements passe to confirm the same, which decrees and Judgements in those lower Courts hold Analogy with Acts and Laws in the higher Court of Parliament.

The work and end of the Parliament being consum∣mate, the Laws enacted, the Parliament then determi∣ning, the King governes onely and supreame, binding himself to observe those Laws by a double Oath, Ta∣citely, as being a King, and so bound to Rule and govern according to the Laws; Expresly, by his Oath taken at his Coronation.

To speak in a plain grammatical and obvious way, the Latine Etimon directs the duty of a King: Rex, is so called à Regendo: Government is dispenced in wisdom and justice, * 1.2 By me Kings rule, saith the wisest of Kings; and Justice exalts a Nation, in∣somuch as when commands shall prove irregular, either wanting the one, or exceed∣ing the Limits of either of these, they pro∣voke the people (free borne Subjects) to a

loose obedience, and the consequence commonly be∣comes dangerous.

The Peers and Gentry thus assembled, and the Parlia∣ment now in being, the Kings power is not so compleat and total, having imparted it self to that Assembly; if it be, what then is the Parliaments power? If they have no power, they are assembled to no purpose; if a minc'd and diminish'd power, in whom doth it ly to lessen or to greaten it? if in the King, He then may by the same reason rule Arbitrarily, and by his own will as well as over-rule a Parliament: so whilst the King imparts the power which he hath, by communicating it to that His Court of Councel, He lesseneth it in Himself, or retracts His Grace in assembling them, which were a blemish to His Princely wisdom, unsuitable also to that common presumption [The King cannot do amisse.]

The King as the Head of His People and Father of His Country, is by the common opinion of all dutiful and so∣ber Subjects to be obeyed simply in all things Lawful and Honest, when there is no Court of Parliament in Being; when there is a Parliament, the Heart of that Body whereof the King is the Head, betwixt whom an unity of Coalition is presumed, the power of both is indivi∣sible, & so intermixt, that when the Court of Parliament (the end of whose Councels is to establish Justice, Peace) industriously intends the same; when we desert our duty unto them, we are wanting to our selves, unthankful un∣to them.

The Government of England, as in these latter times it stands, since Laws and a setled Forme established, since Religion and Laws have met together & flourished (like couples in a building, each supporting other) and God

honoured in both, is not simply a Subordinative, but a Co-ordinative and mixt Monarchy: yea the highest su∣premacy it self is compounded of three estates, Co-ordi∣nate, King, Lords and Commons; now it is true, Subordinata non pugnant, but Co-ordinata invicem supplent: Funda∣mentals are equal, and all Principals alike, Rex est universis minor; Bracton the great Lawyer saith, Rex habet superi∣orem sc. Deum Legem per quam factus est Rex, Curiam sc. Comites Barones.

The agitating this and the like Questions incident hereunto, hath disturbed the mindes of men and cost much blood, as which hath the Preheminence, which ought to bear the greater sway, the King or the whole number of the people in their collective Body (which the Court of Parliament doth represent?) Another Question is, which is the certain and proper Parliament as the case now stands, that summoned by his Majesties Writ to Westminster, or that by a latter command to Ox∣ford? whither the Principles of the Subjects Peace, Religion, justice, have been of late and before this Quarrel in danger of being born down? And whither the conflict in the Quarrel undertaken by those who have endeavoured to provide against that danger, be Rebellion? The King and His Party (whither in their own defence * 1.3 or not, hereafter) have sought against them as being Rebels; The King not alwayes and constantly calling them

so as his Party doth, for sometimes he calleth them the Parliament, sometimes Rebels, whether in sincerity or reservednesse of heart He varieth the phrase, His own heart can witnesse.

It is the note of the wisest of Kings on Earth, that the Heavens for height, the Earth in depth, and the Kings heart no man can finde out; not that a King is therefore more transcendently wise or perfect above and beyond all o∣ther men, nor that his heart is more Divinely inspired, or illuminated from above, more incomprehensible, or His ways like Gods past finding out, the Text bears no such construction, the frailty and uncertainty of all Kings Actions do evidence the contrary; although their Flat∣terers may peradventure vainly infuse such Doctrine in∣to their ears, and from this place of Scripture instruct a King with the necessity and excellency of dissembling the meanest and worst part of wisdom, although resem∣bling it.

Amidst the many Doubts and Jealousies, the Suggestions and Machinations at home and abroad against the Peace and well-being of the Kingdom, it concerns the Court of Parliament to look unto and prevent in as much as in them lyes, the growth of approaching Danger, which are then Dangers only when near and in sight, when they are instant and befallen, they and the opportunity of preventing them is past, and become above the name of Dangers, Calamity.

Seeing therefore the Parliament are by Gods special providence met together, & entrusted in their Countries welfare, their courage and unanimity is requisite in per∣fecting that work for which they were assembled, viz. the Maintenance of Gods worship, the Kings honour, the

Subjects Liberty; these two, the Kings Honour and the Sub∣jects Liberty propagating each other, when as it is a lar∣ger accesse of dignity to be a King of a free people then of Slaves, unlesse He shall in the pursuit of this War reckon to purge the Kingdom of the worst and most enslaved of His people, which, as the case now stands, will otherwise fall out, and prove, as in letting blood the natural body, the best, the most free and spirituous to be wasted and spilt as well as that which His Majestie doth in His own sence call the worst.

Where by the way, Gods immediate hand of Provi∣dence manifested to his people in the preservation of his glory, is especially to be taken notice of; that whereas his chiefest End in the creation of Mankinde, hath been his own true Worship, and the salvation of his people, of which he hath a peculiar care, seen even in the disposing and ordering of humane affairs, as a second and subser∣vient means to his own Decrees, That at the same time the Subjects Liberty should be invaded, when the Prote∣stant Religion, the subversion of which was probably first and principally aimed at, howbeit in the managery there∣of the Enemies to Both (Religion, Liberty) were ill advi∣sed, in that the Power and Priviledge of Parliament (the Fabrick of all Laws) the Subjects Right should be over∣thrown and fall together with the Protestant Religion: * 1.4 The Philosopher observes, that Homines minus timent in∣justum pati à Principe, quem cultorem Dei putant, had they singled out either Religion, the Subjects Liberty, or the Priviledge of Parliament to be destroyed apart, many it is like, especially among the common sort of men, might have failed in their zeal to the one, yet have endeavoured the preservation of the other, so the Enemies Design

might have better thrived in the successe, if Religion singly, or the Subjects Liberty alone had been left unsha∣ken without a complication of both to fall together at the same time and by the same power.

The Parliaments next endeavour is to maintain entire and against all opposition the Power, Priviledge and Dig∣nity of their Court, no so sure a way, as by their constant accord and unity, which if overthrown by an advers Power, all Parliaments are in danger of languishing in their esteem, and must either comply, or submit to the Arbitrary will of the Prince who conventeth them at His pleasure, and so lose their Freedom. What then fol∣lows? a discontinuance of enacting Laws, a dull, care∣lesse and obsolete use for want of due execution of such Laws as are in Being, thence an Arbitrary and unlimit∣ted way of Government, that Force or the Sword must be the Umpire, besides a certain, although a remoter consequence, a failer of that well-breeding, the Birth∣right of the English Gentry, a supine and carelesse Igno∣rance let in, in stead of the vertuous Emulation which they have alwayes studyed.

Seeing then Peace and Justice are the Blessings which the Subject lives by, both Issues of Religion, when to ex∣pect a blessing on a Kingdom, The Kingdom of Heaven must first be sought, Gods Worship especially provided for to be built on firm unshaken Pillars, when the care there∣of principally resides in those chosen men set apart for Gods and their Countreys service; Their endeavor is to be fully ascertained of their Princes inclination there∣unto, that by His Countenance and Authority the love of Gods Honor may, like the pretious Oyntment on his head, run down to the skirts of his lower garments, and so

seated in his heart, as all Jealousies to be abandoned, all Evil and appearance thereof to be abstained from, and the Parliament not to leave that in suspence or doubt, which they would have provided to make more sure; for it is not a transitory matter of Arbitrary Event or Chance, to be or not to be performed, but most weighty, of great concernment, and whereon the prosperity and welfare of the Common-wealth depends, whether the Laws shall be kept entire, and God certainly and constantly honored, or whether the Laws shall be in danger to be broken, his Name to be prophaned.

The main Jealousie grows by reason of an Army un∣der the Conduct of Papists, which no man will imagine is raised for the defence of the Protestant Religion; for how∣beit that there may be peradventure Papists in the Parlia∣ments Army, when as the number of them hath been great, their Presumption increasing more and more, the chief and eminent Commanders Papists are in the King's: And (which is to be observed) few of them miscarry in the Quarrel, as not exposing themselves to the danger and hardship of the War, as if they did hope through the effusion of Protestant blood, and lessening their num∣ber, under the name of Rebels, to make unto themselves a Province; yet both parties, the Kings, the Parliaments do professe the maintenance of the Protestant Religion: And the Kings recriminatorily chargeth the Parliament with a Design to subvert the same. The reason given, is because Schismaticks or other the preciser sort, (relishing not the book of Common-Prayer) are adhering to the Parliament. Answ. That Prayer is but a Form and humane Constitution, al∣though anciently received and of use, directing us to pray, blesse, give Thanks, &c. And alterable by Autho∣rity,

upon devising a better Form; But the difference betwixt Protestant and Papist is in Fundamentals, as in Doctrine and Points of Faith, so opposite, as no man will judge that the parties on the one side will fight to maintain the others Cause.

Popery and Schism opposite in themselves, agree in this, that they both do undermine and seek the rooting out of the true Protestant Religion; This, participatively, and by secret wiles; That, privatively, and by open Enmity; the one may be an aberration from, the other is Idolatry and opposition to the true Protestant Religion.

What upon an upright discussion, that is, whether we take it in point of Manners, or of Doctrine, the one enjoyned by, and comprehended in the Decalogue, the o∣ther set down and fenced in by a moderne and learned * 1.5 Writer against the force and wiles of Popery and Schisme, both parties (the King and Parliament) do contest for, and protest to maintain the Protestant Religion; so whilst there is no equivocation in the word [Protestant Reli∣gion] a divers acception may be in the extended sence, the aforenamed Writer hath by his industry composed the difference in determining what it is, and that agreed upon, the contention as to that particular may cease. Truth and Uniformity in Religion, (which cannot be without Accord, without a distinct and certain know∣ledge what it is) is the foundation and corner stone of Peace.

If in this Contention the Kings Army shall prevail, many Papists engaged and Commanders in it, what is like to be the sequel? Those Papists and their followers will hope and challenge it as a condign Reward, to have an especial interest in His favour, because they say it was

their Sword, their Arme, that got the victory; so the King must tread a slippery and narrow path, either to desert His friends who have assisted Him in this War, or dis∣abling Himself to make good His often Protestations for the maintenance of the Protestant Religion.

And if in this Quarrel Popery shall be let in, when Justice and Law shall fail, when every one given up to his own heart's Lust, the Papists and other the Parlia∣ments Enemies will in an exprobratory way, thank the Parliament as the cause thereof.

It is true, it may be said so accidentally and very re∣motely, but neither the Impulsive, Formal, or Effici∣ent cause, rather (if Logick will bear such a member in the division of causes) a deficient cause, as the ab∣sence or rather the Ecclipse of the Sun, the cause of Darknesse, their endeavours having failed of successe, being interrupted by a strong and countermanding Power opposing them. In a more fit resemblance, if a Band of Souldiers should be sent out to guard a Town, and a stronger Power then theirs to be imployed to op∣pose and master them, in whom lies the fault, in case the Town be lost? in the watchmens deficiency, or in the stronger Power opposing them? so Pope∣ry and Treason the Parliament are guilty of alike, and what other contumelies the wit and restlesse malice of their Enemies accuse them of.

And unlesse to every objection this opposite obser∣vation be applyed, that in the whole course of this Quar∣rel there be a distinguishing between what hath been Intentionally and Principally aimed at, and what hath ac∣cidentally and through necessity fallen out, there can no clear judgement be given in deciding the Question [How

the War began, who have been the Cause and Authors of these Miseries.] It may be as well objected by maliti∣ous and cruel Enemies, that His Majesties Clemency and goodnesse have been the cause of so much blood al∣ready spilt, for that he hath not put those whom His party call Rebels to the sword, or hanged them, to teach others their duty of Submission; such Doctrines are spread a∣broad to foment the War, when the Doctors themselves are the incendiary and impulsive means, together with those Soldiers now in Arms, which incites the surviving suffering people to make resistance, least if they submit also (as in many places they have done) they are undone by it.

No marvel if Subjects be called Traytors and Rebels, if resistance against opposition and violence be Rebellion, the often Robbing and Spoiling used in the Kings name, and for the King, which were wont to be conservative and saving terms, tending to peace and security, but now grown destructive (as the Souldiers use them) to the Subject, are able to turn him out of his natural and accustomed Frame: Oppression, saith the wise man, makes wise men mad: violence and oppression practised in the Kings name, and by His party, and by de∣grees wrought to the destruction of the Subject, di∣verts and alters His wonted course, and may make him Rebel as it were against His will, when as He is fright∣ned, driven from, and threatened out of His obe∣dience.

If on the other side the Parliament shall prevail, those Enemies to Common-Prayer, advers also to what Go∣vernment the Church shall appoint, may be easily over∣ruled by a Parliamentary Authority.

The Authors and Fautours of those * 1.6 Schisms being few and inconsiderable, their Tenents newly sprung up, and apt to va∣nish both through the insufficiency of their grounds, and multiformity of their Sects, wounding and weakning one another, and in the main, the Common cause: For it is the firm and Orthodox Protestants, which are the Parliaments firm friends whereon to trust, yea and their constant friends also, whilst the Parliament goes on, in an entire, solid, and joynt way, and are as the Exigen∣cy of their Affairs shall suffer them, constant to themselves, whereby, and by which way alone, they are inabled to defend themselves, to protect their Friends.

Which side will prevail, God only knows, who can dispose of Victories at his will: If the Parliament shall, the King neverthelesse could not but assure Himself, that He should be entirely King; howsoever part of His Estate be by reason of these Wars diminished, and the Parliaments Protestation taken 1641. together with their late Covenant two years after, for the maintenance of His just Power and greatnesse, were good security, until themselves were reputed Traitors, Rebels, their worth in like maner undervalued, and scorned by His party; for so the Protestation and Covenant both may lose their efficacy and intent, if He for whom they do Protest and Vow, shall by opposing, disable them in the prosecution of their Vow.

To that Objection, That the Parliament have contrary to such Covenant, Usurped and Intrenched upon His Regal Dignity, and by seeking to hinder His Power, have lessened

His Honor, in passing an Ordinance against His Majesties cre∣ating of Lords, &c. in seeking to have their Friends Invest∣ed with Honors and Titles answerable to their demerits. To the first it is confest, an Ordinance is past against all such Acts as may inure by vertue of the Great Seal, and Ba∣rons being made by Patent under the same Seal, which being a necessary Instrument of State, which the Par∣liament represents, being surreptitiously taken from them contrary to a Trust; they have consequently passed an Ordinance against the Creating of Lords, ut Supra: For the Contention betwixt Him and them being grown ex∣treme, the King striving by all means to lessen their Po∣wer and Credit, using all ways to advance His own [their Enemies;] they knowing likewise the Seal to be made use of to their Detriment, as if that the Kings conferring those Honors, were not so much an augmentation of His Digni∣ty, in granting, or in the created Lords, in receiving those Honors, as an intended diminution to the Parliaments Digni∣ty, had reason to provide for the time against all contin∣gent Acts, tending to the lessening their Power. Admit it to be as the Objectors give out, which neither the Kings party do prove, nor the Parliaments do grant, as in other Acts done by the Parliament, An Usurping in them; Usurpation may in the strength of policy prove a benefit to the Subject, in that Usurpers do commonly Establish the best Laws to redeem their Credit, lost by the Injury done in their Usurping.

If the Kings party shall prevail, the War being be∣tween Him and His People, the Parliament rather an Umpire in the Quarrel, to do right to the wronged part, there will be two things considerable; The means whereby He doth prevail; The end of His prevailing.

The first means, not primarily as in the strength or great∣nesse of His party, yet consequently in that His party do undividedly retain and keep up the Ancient and setled Form of Government, without contesting or dissenting in opinion about the Establishing any new: As on the other side, the Parliament hath thrown down the old, without (for a long time) setting up any other Form or Constitution; It was a learned Fathers Observation, * 1.7 Ipsa mutatio quae utilitate adjuvat etiam novitate perturbat: And it will require a most exact deliberate Wisdom to suppresse all Inconveniences which may arise on Novity: Hence it hath been, that the Parliaments Friends have grown lesse zealous to their side, more troublesom to the Court it self, by requiring and seeking a new and cer∣tain Form.

Which may admit a twofold Answer, that the Par∣liament interrupted by a powerful Enemy, hath not a full measure of Efficacy to conform and compose every collateral difference, happing either in Church or Com∣mon-wealth; when as their Task is hard enough to main∣tain and keep a work more necessary, [Their own Power.]

Secondly, In that they have for a time abolished those ancient Forms, and constitutions, finding haply some present reason for so doing: whether they will forth∣with establish some other Forme, as it is probable they will, having long since promised it, or reassume the An∣cient, when time shall serve? (there being no substan∣tial difference betwixt what is now abrogated, and what is to be Ordained) is left to their wisdom; besides, it is presumed in point of Judgement and of Po∣licy, that they will have such respect unto their Prede∣cessors Acts, as not altogether to raze out, to abrogate

for ever their ancient Constitutions, least succeeding Parliaments should do the like by theirs, and so the Courts of Parliament, which have been instituted for redresse of Mischiefs and Grievances, &c. should become * 1.8 the Scene and Seminary of inconvenience and disturbance; by introducing still Novelties, and alterations in the Common-wealth.

The third is, in that His Majesty keeping His resi∣dence in a lesse Town of Garison [Oxford] can more easily conform and subdue a few unto His will, then the Parliament can in a more greater place [London▪] The multitude in that City, the supplies and Ayd, afford∣ed by the City to the Parliament, can counterpoise such odds.

The event of His Majesties prevailing is alike consi∣derable and two-fold also: first, in that the Parliament Members, already proscribed and charged with Rebel∣lion, are exposed to contempt and ruine, in them a great part of the Subjects of both Kingdoms, when as the cause, wherein the Publique good is so much concern∣ed, is by idle and abject Fellows called already in de∣rision [The Cause.]

Secondly, In that a forraign Enemy upon a total de∣vastation of this Realm (without which the King can∣not probably prevail) will be induced to believe, and accordingly make use of it, that it hath happened, through the soft and tender breeding of the English, their unfitnesse to endure the hardship of a War, and so in∣vade and by degrees implant this Kingdom; And what a Forraigner implanted here, his Demeanour may prove towards our King, not naturally their liege Lord, every good English Subject will fear the worst: when as

especially this Kingdom must be kept as NAPLES, by a * 1.9 Garison of another Nation, so that the King shall be enforced, as former Kings have been, to compound with Rogues and Rebels, yea to pardon them; thereby Himself, the whole Nobi∣lity, yea the State of Monarchy to fall together.

To state the differences of Forces on either part, when the quarrel first began, the Parliament had far the greater * 1.10 number, the King having but few yet more then the Parliament had Towns of Fort (as his party have Calculated and hyperbolically reported otherwise) most mens hearts being bent to defend their Rights and Liberties, which they thought were of late encroached upon, and indeed the Off-spring of this Quarrel, and the Par∣liaments Friends believing the Justice of that Court, and of their Cause, in a care∣lesse way of affording Ayd, threw all up∣on the chance of War, without using the ordinary means concurrent to their defence, not foresee∣ing what would be the end and mischief of their back∣wardness and neglect to be repented of, not remedied.

They were willing enough to have redresse for their late-past grievances, to have the work done, and the Par∣liament speed well at their Neighbours charge, so them∣selves be saved harmlesse, but to lay out money and purchase the name of a Rebel, in case the Kings party should prevail, was both a chargeable and double Crime.

Then their unwillingnesse to be exposed to the hard∣ship of a War, to which they were altogether unac∣customed, believing in the goodnesse and sufficiency of

their Cause, to have it made good in an extraordina∣ry way by Miracles, without laying to their assisting hand; so casting the whole burden upon God and his Omnipotency, did wish well, and pray peradven∣ture for the Parliaments Successe.

For now every short enjoyment of their quiet, every small respite from the Enemies cruelty, al∣though the next bordering Counties unto them be infested round about with their cruelty, makes these men apprehend that the War is ended, because their Coast is for the present clear, and they feel no instant smart.

It is true, Gods Providence is in all things to be observed; it is as his Omnipotency, Infinite, and Su∣perintendent to every Creature, No one hair falls from a mans head, nor a Sparrow from the house top without his Providence. The same Almighty power which could rescue his three Servants out of the fiery Furnace, and provide strength of the mouthes of Infant Babes, is able, but whether he will or not (his works being unsearchable, and his ways past finding out) give successe according to the peoples wishing, without the ordinary means to be used by Instruments, that is left to his secret and determinate Councel.

There is a time for War, and a time for Peace; the Lord is a man of War, his Name is JEHOVAH; and Fighting in a qualified sence, as Praying, is a duty. DAVID blessed God for teaching his hands to War, &c. And Prayer is a Christians, a contrite and good mans Arms. Had we in Unity and Hum∣blenesse of Spirit, in the Power, without the Form of Godlinesse, besought Almighty God to be de∣livered

from Famine, Battel, Murder, and from Sud∣den death, as the Church directs; These Calamities had not in likelihood come nigh, which threaten now to come upon us like an Armed man.

Beseeching God by Prayer might peradventure be the Peoples sacrifice alone, neglecting otherwise their own endeavors, and carelesly trusting (if at all) upon God; his Providence they think sufficient, which is confest: In which they may alike consider, That if the Kings party shall prevail, or the whole Land be consumed and reduced even to a handful; It is all within the compasse of Gods power; The Lot is cast, but the disposing is of the Lord; And cer∣tainly that side which useth the best and most con∣current means to his dispose (the Justice of the Cause is challenged by either party) is likely to have the upper hand.

Praying and relying on the Almighty goodness, seldom fails the Petitioner, God ever giving what he prayeth for, what suffices, or what is better then he asks; but the means must be added to the prayer, Qui ordinat finem ordinat etiam media tendentia ad fi∣nem. Moses at the coming of the Amalakites, be∣sought the Lord by prayer, yet commanded Joshua to choose out men to fight with Amalck. God is in all things the first Mover, by whom we move and have our being; he the Super-eminent and first cause, yet working by subservient and second means; we are his People, and Members of his Church Mi∣litant, against which the Gates of Hell shall not pre∣vail. In the Creation his own glory was the effect of his chief care, manifested unto us his Creatures;

his next affording us all necessaries for our support and good; he looks to be sought unto, and trusted upon in that course of obedience which he hath or∣dained, in conveying that unto us which we look for at his hands, otherwise he is rather slighted then trusted on.

Had the people been so liberal in Contributing to to their own Defence; so provident to have fore∣seen, that within one year after their improvidence they should have been thus opprest; in the progress of one year more undone, they would questionlesse have been more liberal, and concurred more cheer∣fully in Contributing to their own Assistance.

For within a few Moneths after the War began, many in the Kingdom fell off from the Parliament, and under fear, and the notion of being reputed Rebels, thought it made against their present safety to wish well to the Parliament (a Court scarce known in the Countrey, and discontinued in the Kingdom) much more to fight for it: And hearing of divers invective Threats and Menaces to that purpose, as if their Endeavors for the Parliament did make against the King, and so resemble a Rebellion, thought it al∣together unsafe to adhere to the Parliament: So the Kings strength increasing through the fear and re∣volt of many formerly engaged to the other part, he gained divers Towns in several parts of the King∣dom.

On which his Friends and Party fix a Miracle, reckoning it an extraordinary Act of Gods Favor shewed to him in the sudden increase of his Party, that from an handful as it were, he hath raised Forces to such numbers,

when as the Miracle may be retorted, and rather turned the other way, That his Majesty being so Pious, Just and Protestant a Prince (as his party con∣tends, and an * 1.11 Oath to that purpose hath been ten∣dred to divers of late within his Quarters) there should be notwithstanding such a defection from him in his Subjects, so many thousand also not en∣gaged nor seduced, men of sufficiency and worth mistaken in what is Loyalty.

Neither is Victory in a Civil War any evident note of the Almighty's favor, when as it is obtained on such hard terms, as the Ruine and Destruction of a flourishing Land; rather in the Event it will prove an angry Judgement of Gods punishing the Authors of this Ruine, in suffering * 1.12 above and beyond all others, a Civil War, consuming and overthrowing the Body Politique, as a pestilent Feaver doth the Natural with its distempered heat.

As for the Towns the Kings party gained, whe∣ther by His Commanders wit and Stratagem, (al∣lowable in War) or by falshood in point of parly and of trust (odious and scorned even in Forrain Wars) is hereafter examinable, and to be tryed by the Sword alone; yet one word, what that falshood is, when a Commander or Officer in chief, shall Swear by Solemn Oath and Vow, to perform what he never means, and after a trust committed and an agreement made, break and falsifie the same.

And whether it be Treachery and falshood, or Stratagem and Policy, doth rest upon this Questi∣on [Whether the Parliaments Proceedings be Rebellious, unbecoming Subjects, or just and Loyal.] If Rebelli∣ous,

then it may seem Stratagem and duty to the King, in such Commanders entrusted by the Par∣liament, to renounce their trust and serve the Enemy. If the Parliament be good and faithful Subjects, as they will rather sacrifice their lives to the Justice of their Cause, then fail to Vindicate their Credit from the stain of Rebellion, then it is Treachery in those Commanders to undertake afterwards to desert such Trust.

That such foul dealing hath been practised, occa∣sioning the protraction of this War is manifest, on which side most, future Ages or the Sword will manifest.

If it be answered by way of excuse, as no crimes whatsoever shall want a patron in these divided times, That such dealing is a vertue, practisable in re∣lation to a Kings Safety, in danger to be destroyed, and that breach of Faith, of Trust, never so Solemnly made, or any other the like means may be used in Order to His preservation.

Answer. This Argument may be Fallacy, à petitione Principii, or à non concessis, which manner of disputing can enlarge ad infinitum, and as the Logicians speak, The reply thereto may be unto such an Ar∣gument, that there is no such detestable, and des∣perate design in being, or known or granted.

Where by the way, and to prevent the mistake * 1.13 of our duty, and Allegiance which we should owe to our Soveraign; if any exquisite wits of a more nimble discerning reach then their fellow Subjects, pretending a greater care to His Majesties welfare, have heretofore found out by privy and dark pas∣sages,

by any secrecy of contrivance, any such wicked and execrable intendments against the Kings Person or Honor, or deeming all others not partaking in their sagacity, Ignorant in State affairs, dull and vulgar spirited; Let them make known unto their fellow Subjects, the time, the means, and man∣ner of that intendment, before the whole Land be totally destroyed, or a full Conquest be obtained, for afterwards all writers will report one way, in favour of the Victors side; then also the victory, not the Cause, will point out, and set forth the Rebel.

That two or three Gentlemen (since Members of the House of Commons) together with a No∣ble Peer in the House of Lords, dwelling in neigh∣bouring Counties each to other, and sojourning a∣bout seven or eight years since, with a Gentleman, a neighbour and friend of theirs; did, during the time of their sojourning there, therefore agree to overthrow Monarchial Government, or intend any thing against the Honor or Person of the King: if neither of these appeared by their discourse, Letters, or other Acts in writing, the Arguer shews more his spleen against those Gentlemen, then his Reason in deducing any good Connexion between the An∣tecedent and Conclusion.

Observe on the other side, one among many other presumptions of some Design in hand from the ad∣vers party, then let the Reader judge on which side is the more weighty and vehement presumption of Acting mischief, of complotting alterations in matter of Government: which the more rational

Consequence, that instance which went before, even now recited, or this which follows? namely, the building strong and high walls by a great Peer of this Realm, to his house (no other notice taken until now, save of beautifying and adorning the house for his private use and splendour) the divers Pieces of Ammunition, credibly informed to be caried thither by little and little for these many years last past; and now one of the strongest Holds the Kings party hath in all South-Wales, to infest and op∣pose the Parliaments party.

Whilest the truth of such Plot, of overthrowing Monarchial Government, of some mischievous in∣tendment against the Kings Majesty (if any such there be suggested) is no more manifested to the World; it may be an Imposture framed and obtruded on the Parliament by some offenders, who to save them∣selves have contrived this Calumny and Falshood, on purpose to engage the King to rescue them.

The Parliament, when this report was first given consisted of above Five hundred Members in both Houses; And whether they having all Protested for the Kings Honor, Person and Estate, would against the dictate of their own Conscience, against their na∣tural and sworn Allegiance, infringe this Vow, to commit wilful Perjury and Treason.

Or that if it be objected, That the Design was the drift only of some few (accused and stiled fa∣ctious persons) solliciting and awing others; then to assign who those few persons were, and rather to blame the Counties and Corporations chusing such: Questionlesse when first chosen, their chusers su∣spected

no such Crime in them, and whether men known and chosen for their vertue would accumu∣late such Villanies as those.

Such a Design must be given out, at least to save the credit of some revolting, who having undertaken the charge and care of their several Counties to them deputed, were at first active in their Musterings and Military practises: Soon after, whether wrought by Friends, Allies, or for some other respect, did de∣sist, charging the Parliament or some of them in ge∣neral terms, with some strange intended Plot against the King, but without declaring what Plot, or the Authors, which had they particularly and manifest∣ly done, and so sufficiently proved the reason of their revolt, it might have spared the effusion of much blood, and more availed the Kings Cause then their revolting did.

They did not doubtlesse originally and from the first dissemble, as to sit in a joynt and unanimous way with the Parliament, and reserve their heart for an advers party to the Parliament; few or none of any sorts of men were good at that close and subtile po∣sture; nor was dissembling then in that mature growth, as these false and desperate seasons will bring in, even amongst all sorts, improving it to that obstruse and exquisite form, as the vertue of wisdom. And the subtilty of dissembling growing to be near the same, most mens carriage will seem inconstant, if not false. Upon deliberation and advice, those men undertook their charge, and what wrought the change in them; such mens instability is made much of, their persons little.

Now that the Parliament should at this time have the upper hand, the Kings party losing more in some places then they gain in other; and that he having gathered Forces these three years or more, and set forth Proclamations to subdue and awe those whom he calls his Enemies, and not to over-match them: 'Tis probable, that howbeit Fear and Inconstancy have brought many to his party, a mightier hand over-awing all, hath provided strength and cou∣rage to have his purpose brought to passe beyond the ordinary power of man, and by his mighty Hand, and out-stretched Arm, to make his own Glory the more manifest through the infirmity of weak men.

As to the Proclamations set forth in the Kings Name, of small advantage to his Cause; it is a que∣stion whether his or not, or published only in his Name, without his assent: The ordinary matter of a Proclamation, ariseth on some emergent Acci∣dent of State; binding for the present, anon altera∣ble, of little or no use: These kindes of Proclama∣tions of Condemning, are surviving Acts, and con∣clude the Subject Proclaimed against.

Again, Proclamations have been heretofore set forth only as Arbitrary and Temporary Declara∣tions of a Prince's pleasure to grant Indulgence, to prevent or cure some Inconveniences in State-mat∣ters, serving for a light and present remedy, until some judicial Act of Law shall apyly a more weigh∣ty and certain one.

If they were to no other end, then that the per∣sons Proclaimed against might by the terror of such an Imperial Act, be brought into obedience, and

then to be received to mercy; yet they and most men else held it the safer course, being not guilty, to keep out of their Accusers reach, and not to put it to Arbitriment, whether they should be Condemned or Pardoned, when as also their personal sufferings, in losse of life as Traytors, had not satisfied the thirst of their Accusers: It is the Enthralling, and as it were the Disfranchizing and Embasing a free born Sub∣ject, to stand to the Expectance of mercy, when he knows his heart to be free from guilt.

A Traytor in his Araignment is admitted to his lawful Tryal, demanded what he can say for him∣self, &c. A Proclamation ties him up from his An∣swer: Crimes of a lower rank are not construed so [as Fellonies] unlesse the minde concurreth with the Fact (for the * intent doth make the Fellony) Trea∣son, * 1.14 a Crime of a deeper Dye, staining the blood, ruining the Posterity with the Estate, ought to be tryed in a more upright and sober course, by Judges of an entire and impartial vertue: Contention and the Sword are no fit Umpires in the Question of [Who be Traytors.]

It is a harsh and severe proceeding, for a man to be be charged with Crimes by Proclamation, to which no Answer can be given, and to be debar'd from what he can reasonably say for himself: It is as strange, that seeing we are Subjects under the same King and Government, his Proclamations should finde such contrary entertainment, so weighty on the one side, as to proscribe and awe, yet so slight unto the other, as not to be obeyed or credited.

For Example sake, the frequent Proclamations a∣gainst

Papists resorting to his Majesties Court; o∣thers straightly charging in his Majesties Declara∣ration, as to this present War, * 1.15 That no Papist should presume to List himself ei∣ther as an Officer or a Soldier in his Ar∣my, having directed how he should be discocovered, if he did presume, and suf∣fer if he were discovered.

If necessity be pleaded, for the King to make use of them his Subjects for his own defence against those whom he calls Rebels: Or if the like Plea be made in excuse of those his Majesties Designs of late discovered, as that he hath been necessitated and driven by his Subjects to try all means whatsoever for his reducing them, for the reparation of his own Honor, which he complains they seek to trample on. The examining of the original of this War, direct∣eth who the Authors of it have been, as also how this necessity, so called, hath hapned, and whether the King should have had need to have made use of any of his Subjects for his own Defence, or to have expressed his displeasure against other of his Peo∣ple.

For his own parties not obeying his Proclama∣tions and Edicts, as is observed, Those published in March and June, 1643. the one against Robbing, Spoiling, &c. The other Pardoning all Members of Parliament, some few by name excepted; many of them so pardoned have had their Lands seized on by his Soldiers, their Houses held from them by strong hand: So the Proclamations slighted, the Laws protested to be kept, broken, the Subject and his Right trampled on.

Many the like Edicts and Declarations of Favor and Liberty granted to his People (to some upon their humble * Petition presented to his Majesty; un∣to * 1.16 others from a compassion and sence in his Majesty of their sufferings) seem neither his own Acts, nor scarce seen by him, not able to make good what he commands, or not real, in not intending to make good what he had promised.

The figurative Dialect, and strong expressions wherein those Declarations and Messages are pen'd, besides the matter of them, are probably none of his, neither is it possible that any ones heart should have so large a capacity; the King's not leasure enough amongst the oppositions of crosse Councels, amidst the variety of such accidents as hourly happen, to examine, digest, command and declare all matters, subject and suitable to such accidents, the demeanor of his party also quite contrary to his Declarations and Commands.

The Proclamations in July the same year, forbid∣ding Trade and Traffique unto his chiefest and Imperial City, should not in likelihood be his own, to starve up that place where some of his Royal Issue are: when as the detriment befalls not the City only, 'tis more extensive to all parts of this Kingdom with which the City tradeth: For they being denied an in∣tercourse, cannot vent their wares: So in case the Ci∣ty were guilty of what the Proclamation doth ac∣cuse it, the Justice and proceeding is not adequate, where many suffer besides the offendors.

There be divers other Messages and Declarations printed in his Name, which were want of duty in

his Subjects to think them his, or with his assent.

As to those subordinate Edicts set forth hereto∣fore, when his party had gained some Western Towns, published under some of his chief Com∣manders hands, and read in Parish Churches, re∣straining his Soldiers from Robbing, Spoiling, and the like violence; and as in case of Felony, the Countrey to rise and pursue them, according to the Law in that case provided, as Thieves and Murtherers: Such Messages and Edicts might carry a fair flourish of Justice, and be plausible to the Subject; but when as he is dis∣armed and disabled every way, and hath no weapon to defend himself, what courage or strength hath he to repulse such violence? A few armed Soldiers dare to Rob on the High ways, yea, and to venture into Towns, and do what they list without resistance: How many have lost their lives of late, striving to rescue and defend their goods?

When Commanders shall promise to secure the Subject, he notwithstanding robbed, when in the Kings Name, and under his Authority (as the Sub∣ject is made believe) things shall be promised impro∣bable in the act of promising, untrue in the Event, a Subjects duty may make him facile; but if his un∣derstanding of what he sees, gives him not sufficient light, but that he will submit against his Reason, and thereby miscarry in being over-credulous, he may thank himself.

It is not speculation, or matter of doubt or jealousie which disturbs and divides the thoughts of man, ma∣king some of one, some of another mind; or any mans affections to the one or the other side, which governs

in the apprehension of matters, as now they are, it is matter of Fact; the eyes are more faithful wit∣nesses then the ears, what hath been done, what hath been attempted, what hath been promised not per∣formed, which doth clear the doubt.

To believe, is required from Subjects, to obey, their Duty; but when to believe and obey against Fact and Reason, on whom lies the fault, if they mis∣carry in their obedience and belief? which is not therefore written to absolve or release a Subject from his immediate duty to his Prince, who is to be obeyed in all things Lawful and Honest, as before exprest; but the Pests and Vipers about him, as King * James termeth them, are to be oppugned as the * 1.17 exactors and commanders of that unlimited and un∣defined tribute of obedience.

Whose course and practices have much ecclipsed his Majesties just Power and Greatnesse, and have embroyled two Kingdoms at the least in an unnatu∣ral and destructive War, the Third in danger with the rest; all so wasted, or in an imminent danger to be so wasted, as to become a prey to a Forraign Enemy, the greater part of the Subjects of this Kingdom being fought against as * 1.18 Re∣bels, the King himself several ways dis∣advantaged and weakned amongst his people, which he may perceive in feel∣ing Gods hand of anger against his People, poured upon them in this War, in failing to assist him with∣out being Impressed, and violently forced to serve him, which if it were truly Rebellion, they would cheerfully have assisted him their King, wherein now

they fail, as knowing the state of the Quarrel be∣twixt his party and his Subjects, and that their fel∣low Subjects, under the name of his Soldiers, com∣mitting Murthers and Rapines, do render his Name terrible.

Next in what God is displeased withall, and will certainly avenge in his just jealousie; the presum∣ptious Impiety of some his Flatterers, ascribing * 1.19 more unto the King, then any man without blasphe∣my can avow, or the King himself shall like, in making it all one to offend him, as to offend God himself.

The King of Sweden was angry with the Author who writing the History of his Successe against his Enemies, flatters, and attributes that to the King, which was mystically spoken of Christ, Psal. 45. Gird thee with thy Sword upon thy thigh, O thou most mighty, according to thy Honor and Renown. Such flat∣tery in his Subjects was displeasing to his Majesty.

The Parliament are by their Adversaries, among other Crimes, accused of endeavoring to bring in a Parity into the Church and State: This Preacher hath actually and already framed and set forth the like be∣twixt the Creator and the Creature: He no way proves his flattering Blasphemy, which had it de∣served to have been seen by his Majesty, and should have passed from his Eyes into his Heart, it might have proved Mortal.

The Doctrine, besides the Blasphemy, is of dan∣gerous consequence, and immencely criminal, if we remember what God says of himself, that he is a jealous God, not suffering any Peer or Rival in his Imensitude of glory.

This Author is too prodigal of his Conscience and Wit, to any mans Judgment who shall reade his Works, if there be no more of his to restore him to the good name of a Minister of Gods Word (In whose Lips no Iniquity should be found, as being the Mes∣senger of the Lord of Hosts) Then this here cited, and one of his Sermons preached before the Kings party at SHREWSBURY in Lent was two years, where, to delight his Auditory, he breaks a Jest in the Pulpit, and widely misapplies it to a Gentleman of the Parliaments party; which, but that the empti∣nesse and petulancy of the Jest redounds to the Ho∣nor of him at whom he Jested; or were his words worth reciting, might have been here omitted. To passe it by only with this note, That there is a more severe censure (in the opinion of the * 1.20 Prophet, due to whomsoever shall by such wanton floutings Pollute Gods Sanctuary, or put no difference betwixt the Holy and Prophane) then the * 1.21 Poet doth allow unto Lu∣dit qui stolidâ procacitate non est Sextius ille sed Ca∣ballus.

To leave this Author, and to return to the present subject, the sense and imminence of these miseries, oc∣casioned by this War, hath reached even to most Forraign parts, wherein our Neighboring and fel∣low * 1.22 Nation understand themselves so much con∣cerned, as with a seasonable prudence to foresee, have accordingly framed their purposes to provide for their own Peace, involved now in ours; two ways engaged thereto:

First, through a necessity of timely endeavoring to prevent their own Thraldom and Subjection, in

part already mentioned, which the Privy Seals sent * 1.23 not long since in the Kings Name do point at, in∣viting and complying with his Subjects of this Kingdom, to intercept and keep off that Nation from invading this, for so it is termed: Their prudent valor needs no prompter to tell them, Tua res agitur * 1.24 paries cum proximus ardet Ucaligon. They have cogni∣zance of two remedies alone in danger [Prevention, Recovery,] Prevention, the right hand, rather the heart of Policy; Recovery the left and after game: They know withal, as solid and expert Soldiers, an Enemy any where to be better met with then at their own doors; he who only looks on the present, is no wise man; he who discerning an Evil afar off, and provides against it, is.

Secondly, by a mutual and Solemn Covenant and Articles entred into of late, wherein both Na∣tions stand engaged.

As for them our Brethren, whether invited to as∣sist the English, their fellow Subjects, for which some of the * 1.25 English were charged of Treason, as bringing over a Forraign Nation to invade their own; or whether the Scots willing of themselves, as knowing what hath been attempted against their National Laws and Rights: Let the case be rightly stated, if to bring over a Forraigner to invade the Natives of theirs who bring them over, be an offence of so high a nature, the Kings party questionlesse are the greater offendors, having labored, no ways left unassayed to bring Forces from beyond Sea, to oppose and fight against their own Coun∣trey-men

under the Name of REBELS.

What relation the Nations have each to other, is known, the one not Forraign or Stranger unto the other, unlesse the malice of this War, and a party opposing both, shall make them strangers, and di∣vide them both within themselves: Their mutual Aid and Concurrence, is the end of the mutual Uni∣on, to repulse a Forraigner from invading either; and then the one or both may be of use to return courte∣sies, when received (neither having been ever brand∣ed with Ingratitude) or to resent Affronts or Injuries when offered.

There hath been long since much War, many bloody Battels fought between the two Nations, since which time an Union hath been offered, hath been withstood: There hath been also anciently a League between another * 1.26 Nation and the Scots, how useful to each others safety, both are sen∣sible.

Within these latter years an Union and Solemn League hath been had between us and them, no way crossing or impeding any former League between them and any other Nation; neither matters it which Nation ours or theirs did heretofore with∣stand our Union with the Scots; nor whether we have their first or second Affections, as whether they wish better unto us, under the same Dominion with themselves, or unto the French, their more ancient Colleagues, whilest all three are at Amity within themselves, which by Gods blessing as yet they are, and either Nation wise enough to discern and cast out the Bone, likely to be cast in to dissolve the League.

The Jealousies for that purpose raised, have been many of late, as if the two Nations should deal unjustly, ungratefully, and remissely each with o∣ther, and against their Covenant, instancing as a∣gainst the Scots, for not taking the Town of HEREFORD the last Summer, * 1.27 (to which their General hath given ac∣compt, writing the Reason of their de∣sisting from the Siege) A second, which peradventure may be framed by some of the English, demanding what Service the Scots have done by their coming to assist? Which Question is easily satisfied, when as the very Conjunction and League be∣tween the two Nations, did at first strike terror into their Enemy, and hath been since one Temporal means of their many successes. A third of a more large concernment, and might seem to carry a more plausible objection against the Scots, of their thirst and aim, to implant themselves in this, as the more rich and fruitful Kingdom: On the other side, there may be Jealousies insinuated to the Scots against the English, of their dealing unjustly and un∣gratefully with the Scots, by promising, without gratifying them for their Assistance, when as both are able to justifie their Wisdom and Integrity of being free from these and the like suggestions insinu∣ated by the Enemy, under colour of being Friends.

It cannot be imagined, that it is the purpose of the English to neglect or discard, now they have served their turn on their Friends the Scots, without ma∣king satisfaction for their Assistance (as the Boote-feaues

and Incendiaries, the common Enemies to both Nations, do give out) nor the purpose of the Scots to demand more, or to expect a present pay∣ment of so much as hath been promised, the vast un∣expected Sums which the continuation of this War hath cost, being taken into consideration, the Arti∣cles and Covenant entred into by both Nations, are security for their reciprocal and more just Affections: Who knows whether these finely contrived Accu∣sations spring not from a Malignant heart, driving the common Enemies Interest (* 1.28 the hearts of men are full of wiles and by-paths, desperately evil, who can know them?) to set the Nation at a variance, by depraving and accusing each to other, on purpose to dissolve and loosen the League and Union, that as by disagreement they may scatter and decrease, so that the Common Enemy may prevail at last.

If there be any such unjust dealing, such endea∣voring in either Nation to out-vy the other in Art and Subtilty; as for the one to demand above what is promised, or the other to deny what is justly due, on purpose to beget a Quarrel contrary to the Arti∣cles and Covenant, had and made betwixt both Na∣tions, Cursed be they in the Town, cursed in the Field, * 1.29 cursed in the fruit of their Body, and of their Land; Cursed be they in their coming in, cursed in their going out, cursed in their Store, who shall willingly and wil∣fully violate the same, being made and entred into on so necessary and important grounds, as the sure foundation of Securiry and Prosperity to both Na∣tions: And as the Articles were accurately and pun∣ctually

made by the Commissioners entrusted on ei∣ther part, in like manner for their Honor, for the blessings sake expected on their successe, to be invi∣olably observed free from mistake, forced constru∣ction, or false meaning.

The mischief and misery indeed which inevitably must befall, in case they shall unhappily disagree, will prove more fatal to the Subjects of both King∣doms, then the present War betwixt the King and Parliament. The League betwixt them, the more strict and Solemn, the more irreconcileable the dis∣cord when it happens, and nothing to compose the Quarrel when once began, besides the Sword: No∣thing to prevent the beginning of the Quarrel, save only the forbearing and bearing each with other: The self-denying quality, so much assumed and pro∣tested, is then exercised, and best proved in so pru∣dent a patience, as is practised by a continued entire Union betwixt them both, and neither of them to arrogate wholly unto themselves, the successe of so much Conquest as hath been obtained: But if the * 1.30 one shall think that their opulency and wealth shall wear and drive out the other, notwithstanding their approved valor; or that the * 1.31 other shall hope that their valor shall suppresse and conquer the English mens (not inferior to theirs) These unhappy thoughts and attempts, if any such upon destructive hopes must turn into misery unto their Friends, Reproach and Obloquy to themselves, a pleasure and fulfilling their Enemies expected hopes, who will be ready to upbraid them with the common and old Proverb (as in the like case the contesting between the Presby∣terial

and Independent, to let in Episcopal again) [When Robbers fall out, true men come by their goods] meaning that a party of English and Scots having complot∣ted to divest the King of his Soveraignty, and to take away his Regal Dignities, and now by variance within themselves, his Majesty hath regained his former Being.

If any infinuate means of dividing the two Na∣tions privily, and with excellency of Art, carried on by their seeming Friends, shall unhappily inure closely and insensibly to work this Mischief, as for one Nation to upbraid and cast Aspersions on the other, of Inconstancy, Ingratitude, Falshood, and the like: What a new intestine War may happen hence, when either Nation shall have partakers at home, and abroad in Forraign parts? The English shall have Friends to credit what they say against the Scots, and they reciprocally against the English, and no time or season amidst these Commotions (the Enemy being vigilant and active to foment the Quarrel) to Examine or Dispute the Truth, to set right the Misapprehensions of the particulars of such Aspersions, when the very fear entertained of late of a disagreeing between the two Nations, hath appal∣led the hearts of their common Friends, and more set back and retarded the hopes of Successe and Peace, then the News of Victories can forward them.

As for other Differences which might arise be∣twixt the Nations, touching some Punctilio's of Pre-eminence, or the like; King James therefore, of happy Memory, in his Star-Chamber Speech in * 1.32

the sixteenth year of his Raign, hath wisely and peace∣ably composed and setled, deducing his Reasons from the Policy of his most wise * 1.33 Ancestor.

But to the Known Objections now in being, and published by the Common * 1.34 Enemy, as of an Inva∣sion made of the Scots, as of Rebellion in the Eng∣lish, when both Nations have been sufferers, the Rights and Liberties of both violated, are strange Objections in the judgement of standers by; and to determine the truth of those Objections, or on which side the Offensive, on which the Defensive is; there is not like to be any Umpire in the Que∣stion.

To expect a Forraigner to interecede or moderate (most of whom admit a sensible and compassionate affection in them towards these our Nations) their own and their nearer Friends Engagements, are enough to take up their own thoughts; besides a wise, considerate and Politique State doth evidence their wisdom, in not intermedling with the Affairs of others; rather when Troubles and Commotions are abroad, to look the more closely to their own, especially in a Case of so nice a difference, as betwixt a King and a Parliament (the Representative Body of the whole Kingdom) and each of them contend∣ing to make good the Justice of their Quarrel. Nor is it probable, that any Prince of another Kingdom, will, in relation to himself (as making this difference betwixt the King and his Subjects here his own case) send over his Forces hither to assist a Vanquished party: All Kingdoms have their several Forms of Government peculiar to every Nation, some of a

more absolute and free, some of a more mixt kinde: The People know their Boundaries of Obedience, the Princes theirs of Power; and because Rebel∣lion is charged on the Subjects here, those Princes of other Countreys, some think, will take part with the King of this, least it should prove a leading case to animate their Subjects also to Rebel. 'Tis two ways answered, The several Forms of Government in this and other Countreys, do diversifie the case. Secondly, This is denyed, and no ways proved to be Rebellion.

An exact and serene Judgement is hardly to be given by strangers, not Natives, who dive not into the depth and state of this present Quarrel, withall, the Conflict is seldom so equally carried, but that one side hath the better of it; then it is against the Rule of common Policy, to * 1.35 incline to the falling and weaker part, least the stronger by their inclining be provoked to become their Enemies.

Briefly, then the extreme terms, and contesting parties in this War, are a Delinquent party on the one, and a Parliament (a Court of Judicature) on the other side; the first being conscious to them∣selves of several offences against the Common-wealth, and welfare of the Subject, contrive a course how to evade the hand of Justice, as by sheltring themselves under a strong and supreme Power [The King] suggesting ill offices betwixt him and that Court of Judicature, gaining thereby the better credit with the Adversaries thereof: then by advising him the most likely ways of encounter∣ing it, namely, in betaking himself to some remoter

place of strength, which Advice was accordingly followed, and thereby his Majesty better enabled to command the parts next adjacent to his residence, as at YORK the Northern: Then to require and Summon in such other Countreys near unto him, as complyed not at the present with him in such design as he purposed, as also to be displeased with other of his Subjects who took any averse course to his pro∣ceedings, next to set up his Royal Standard at NOT∣TINGHAM, that whosoever dwelled near, and came not in to his party, were in danger of his dis∣pleasure.

By this means his Forces might soon increase, whether Love or Fear the Motive; for when a Prince shall tell his Subjects near him of a Rebel∣lion (nothing then more noised by his party then Rebellion, Disloyalty) and preparations by him made to subdue the Rebels, if he shall then require their Ayd, who dare refuse? These were the first parties in the Quarrel; by these means the Kings strength might increase, the Parliaments abate: Hence grows the name of a Rebel, of a Traytor, the Kings party calling him a Rebel, who disobeying the Kings Commands, resists: The Parliament calling them Traytors, Vipers and Pests to their King and Countrey, who perswade and assist him in ex∣ceeding the limits of the Laws; It is King Jame's * 1.36 definition; and who these be, Peace only and a set∣led time for Judicature can try.

The Kings party accuse the Parliament of Dis∣sembling and Hypocrisie, and with that earnest Ca∣lumny, as if they did exceed all others in that sin:

How easie a thing it is for either part to rail or scoff, to call the advers part Rebel, Hypocrite? How easie also to stain the best and most honest Intentions with the nick-name of Dissembler, Hypocrite? Envy and ill-will can revile and accuse the best purposes; and Goodnesse when it is quarrelled with must be mis∣termed, otherwise the quarreller would blush to oppose or wrong it: Nay, a bare censuring serves not, it must be aggravated to higher terms, as never so notable and artificial a piece of Dissembling, to contrive and compose Treason, to palliate a Rebellion; which is granted, and as much confessed, if a Rebellion, if a Treason: Malice and Contumely are of an ambient and large Circumference and Interpretation; it is within the compasse of their liberty to give out in Speeches, That the Parliament is the certain and only cause of these Distempers; that every one well∣wishing to that Court, is a Rebel to the King; that he who fights not in a present and impetuous way for the King, is a Neutral; that he who soberly dis∣coursing what he knows or hath observed concern∣ing these Distractions, if it hath not made altoge∣ther for the King, against the Parliament, is a Ma∣lignant, an Incendiary, or hath any way assisted the Parliament, or his Countrey to defend it, is lyable to the censure of a Traytor: In which Crime there being no Accessaries, he is a Principal.

Doubtlesse very few have demeaned themselves so warily, but shall finde an Enemy to accuse him, were it but for hopes to purchase redemption to him∣self, the Accuser as guilty as the Accused.

Some neighboring Counties fearing that the like

Calamity might fall on them as on other parts of the Kingdom, agreed like firm Friends and Servants to their Countrey, in a joynt and mutual League to defend it against all formidable Force which might infest them: To this mutual defence divers Gentle∣men and Free-holders subscribed their Hands, in na∣ture of Associating, the better to maintain their strength: Others refused to subscribe, as being dis∣couraged from subscribing by the more able sort of Gentlemen of the Neighborhood, engaged for the King, at which time the King had an Army abroad; wherefore, whosoever offered to resist and repulse that Army, might come within the compasse of the Statute of the 25. Edw. 3. An ordinary and compe∣tent foresight might have prevented many and im∣minent Mischiefs, when as if other adjoyning Coun∣ties had in like maner mutually agreed, as it was pro∣posed unto them, they had not been so harrassed and spoiled as now they are.

But as the case now stands, what is to be done? The Associations are entred into, the hands of the Subscribers to be seen, or inquisition to be made for all who did Subscribe, whether hopes of Pardon to be procured by Price or Friends, or to stand to the innocency of their own hearts? If by Price, who then the gainer? Informers, Promooters: Witnes∣ses shall get more by Pardons, Fines and Forfeitures then the Exchequer, or other his Majesties Courts of Revenue can: If by Friendship, the extremity of these false and desperate times will break through such Obligations of Friendship, Truth, or Consan∣guinity, that few either can or will assist each other

(the Enmity having been for the most part between those of the same blood) and every kindenesse prove mercenary, if not counterfeit: when as to Truth the maners of most will, through the Falshood and Licentiousness occasioned by this War, grow so corrupt, as every man will be apt to learn the close and subtile posture, thence be indeed thought poli∣tique of carrying, as the Proverb is, Two faces under one Hood, that is, of complying outwardly with that side unto which he is most advers.

As to Friendship, each mans carriage to his friends, like Caius Cotta's, whom the Orator describing a cunning Craftsman in Ambition, observes him polliceri omnibus praestare ijs tantum apud quos optime * 1.37 poni arbitraretur beneficia, that he gave good words to all men (translated rather into all mens humble Ser∣vant) good turns only to those from whom he might expect the most profitable return of such his Be∣nefits.

But to look back to the present subject of this Quarrel, and the several charges wherewith the con∣testing parties stand accused: The substance of the charge wherein the Parliament are called Traytors by the Kings party, is their opposing his Crown and Dignity; yea some go farther, their purpose to destroy his Person, wherefore, as guilty of such Treason, to be opposed and fought against.

The Argument, it is hoped and prayed for, is from flalsly suggested premises, unknown, ungrant∣ed; which Arguings are Fallacies, and may be in∣vented to divide the King and the Parliament, for the Reasons before expressed, so to engage the People to

take part with the Accusers; yet no question the Quarrel is grown so full of bitternesse and Ma∣lice, as if the PARLIAMENT be born down, there will not want Witnesses to prove such Treason.

The OXFORD Mercury indeed makes himself and his Readers merry with this Calum∣ny; he Jests and sayes, They discharged and le∣velled their greatest Canon at the King to preserve his Honor and Person; The PARLIAMENTS sad thoughts take no notice of his scoffing humor, they leave him to make himself and his Friends merry by his Jesting.

'Tis true, the King hath in his Person shewed him∣self in several Battels much against the supplication and importunity of his Subjects: If two Armies do pitch a field, the one earnestly disswading the ap∣proach of some eminent person in the other for fear of danger to that person, if notwithstanding he shall unnecessarily expose himself to hazzard, and look that the advers Army shall forbear to defend them∣selves in respect to that persons safety, so to lye themselves at the mercy of the Enemy, or not to fight at all, no man in this case will think they intend to fight against that person.

From such reproachful Observations as that Mer∣cury suggests, and the Enemies to the Parliament may invent, the Court must deeply suffer censure, if born down under some ignominious attribute even to posterity, as that Parliament in Henry the fourth's time, branded with Indoctum, another with Insanum,

as an * 1.38 Author already stiles the People, and will no question that Power (the Parliament) which governs them: This will suffer some such like infamy by their accusers, either of Hypocriticum, Indoctum, Sacrilegum, or Unjustum (and their Ene∣mies are framing Indictments to all four) Hypocriticum, as pretending good, but in∣tending ill to the King and State (an ordinary charge cast on them by his party) yea of Counterfeiting also, in that they do connive at Truths suppressed, and Falshoods printed in their quarters, of the seve∣ral Chances of the War, &c. The permitting which, were indeed blame-worthy, were it a matter of much moment, or competent to their leisure from weigh∣tier Affairs, to cure forth with all Faults in matter of Fact; the rather, whereas they are sure that no ill successe either of losing Forts, of having the worst of it sometimes in skirmishes, or the like accidents incident to War, can deter their firm and constant Friends, resolving to resemble the Souldiers of * 1.39 Charles the seventh, so far from shrinking at the terror of an ill Omen, that they resolved to en∣counter all hard chances in Battel with increase of Courage.

Indoctum, as for opposing the Bishops (the highest Order in the Clergy,) and other Schollers; The Parliament seems invective in their Accusers eye against all learning.

Sacrilegum, as some of their Enemies have from a far fetched Metaphor tearmed them, because of ta∣king away the plurality of Church-Livings.

Injustum, in that they have condemned Malefa∣ctors, whereof their Enemies have given a pledge al∣ready, * 1.40 in that the Assembly at OXFORD, in their writings of offering Peace, hath charged the Parlia∣ments friends with imprisoning two * 1.41 Lords North∣ward, for their loyalty to the King.

Such, and the like calumnies are like to be their fate in case they are vanquished. But to return and view the charge whereof the King and his party are suspected, which before it be treated on; The duty required from the people, by the two contesting parts (the King, the Parliament) is examinable; seeing a War is waged, and such a one as dissolves all laws, and the quarrel so bitterly pursued betwixt the King and the Parliament, both requiring Sub∣jection and obedience: which is to be obeyed, the King a supreme but single person, or the Parlia∣ment the representative body of the Kingdom, in number many? which to be obeyed in point of safety and conscience?

But first to make the Question the more clear, take these * 1.42 collections, from a learned Divine, That the King hath His Power from the Kingdom, there∣fore His Authority; which Tearms, though common∣ly confounded if distinguished, makes clear the matter: For Authority is a Right and Lawfulnesse to command Obedience, such as all Governors and Magistrates have more or lesse; But Power is a lawful Ability to force obe∣dience, where upon command it is denied; one may have a just and lawful right to command, that wants compul∣sive means for Coertion; others may have strength to force (commonly called Power) that wants Authority to com∣mand;

and Power is that which in all Government bears the sway: Wherefore in the Scripture Rom. 13. and els∣where, it is taken concretively for the Governors and Magistrates themselves, which have power at command, to force Obedience to their Commands.

Now there is no doubt but the King hath ful Authori∣ty to command according unto Law, all such as are sub∣ject to Him by Law; but if upon His command obedience be denied, whence hath he lawful power to enforce obedience, whence hath He His Power to make good His Authority but from the people? He cannot have it from Himself being but one man: To keep a strong guard of some of His people, to impugn and force the rest, must needs produce Commotions, Insurrections, and a Civil-War; If of strangers, the Philosopher and others who write of Policy, * 1.43 will tell you it is Tyranny: nor is such ability Potestas, but vis, violence, not power, because unlawful: when vis and Potestas, or vis and jus do clash and skirmish, the conse∣quence is dangerous: To keep an Army on foot continually, under other pretences, thereby to affright and force the Subjects, is litle better; therefore the Kings power must needs come from His own peoples hands and strength, and from the same people must come His Authority. If any other should give him Authority, that were not able to make it good by power, it were given Him in vain, nor were the people bound to make that good which themselves gave not: whence He hath His power then, from thence He must needs receive His Authority, even from the Kingdom.

To Safety, a Common-wealth is best provided for by Councel, Councel confists of number, in which is safe∣ty; That foresees, contrives, concludes, not that they

are void of Error, King and Parliament both may erre, whilest humane, joyntly and dividedly; but which most prone to Error, the Head without the consent of the Heart being one, or the faculties of the Heart without the help of the Head (if possibly to be severed) being many?

'Tis resolved, Securius expediuntur negotia commissa pluribus, & oculi plus vident quam oculus, which is not construed of the quantity of degree, as which is highest, which greatest? but of the quantity of number, which most probable to provide for the common good, one or many?

If it be objected, That the King hath a Councel, viz. his Privy Councel to assist and consult with. Ans. This is by the King in his Person chosen, always or for the most part attending on his Court and Person; That of Parliament by the free suffrages of the whole Kingdom, and how fitly, when the condition and affairs thereof are subject only to the capacity and knowledge of the Parliament, the Members thereof dwelling in all or most parts of the King∣dom, whereby to have cognisance of what con∣cerns the whole.

Yea, let this be taken for granted, as advantage to his Majesties party, whether so or not, That the Major part of the Peers and Gentry are now with the King, in some other place then where he first Summoned them: Admit it be true, yet that they were called by his Writ to attend the service at a cer∣tain place and time, and both place and time named in that Writ, where the Attendance is according to that Summons, and they having all there met according∣ly,

the place and time do define and limit the Action, denominating those the Parliament which there re∣side: For howbeit a great number be come away from the place whereto they were first Summoned, whether solicited, awed, or otherwise engaged, the residing part to that number which now sit there make a full Parliament.

'Tis no marvel if their number shall decrease, their courage fail them, when so proclaimed against and threatned, as might terrifie men of much reso∣lution and constancy, when their Posterities and Estates are exposed to Ruine, all possible means of Art and might, nothing left unattempted to awe and conquer them; and which they judge most hard, that Proclamations forbidding all Traffique unto the place of their sitting; that other Messages, some requiring Obedience, others threatning, and sent them where they sit, to be debarr'd the publishing their Reason and Answer of not obeying, which they cannot communicate, thereby to satisfie the Kingdom, in that all commerce and intercourse be∣twixt the King and them is inhibited by those his Proclamations.

Fear of a Prince's displeasure is a note of a Peo∣ples subjection, no lessening their just courage, the Parliament have manifested both Submission, Cou∣rage: Courage, in not yielding when they were weakest; Submission, in not refusing to Treat when strongest: Former Princes have been best pleased to own such Subjects, men of Valor and Constancy, not terming those vertues Rebellion, Treason, when as Rebellion rightly understood, may be against a

State as against a King (it may want a proper appel∣lation) otherwise, King James, as wise and discern∣ing a Prince as the latter times have afforded throughout the Christian Empire, erred much in de∣livering his judgement: How he sets forth the Ene∣mies to a State, and the unhappinesse of that King who admits such; his above recited Speech in Par∣liament 1609. hath mentioned in several passages thereof.

Misdemeanors intended and committed against a State are done with an high & insolent hand, and de∣serve an answerable punishment as well as against a King; the State being a firm and well built frame of Government, wherein the King and Kingdom is con∣erned. [The King, although a Supreme Person, yet a Subject to Infirmity.]

The several threatnings published, and violence offered, the Houses of Parliament may well grow thin, when those of the Kings party contend to make his Power absolute and unlimited, thence in him to Punish, Pardon and Reward at pleasure: In him also, or in themselves, to Judge alone, the consideration whereof might invite many to his party, who at first deliberatively, upon advice and best judgement, pro∣mised their duty and affections to the Parliament, since finding their strength decreased by the depar∣ture of many their fellow Members, might think it unsafe to stay themselves.

They could not but foresee that the King offering to remove the Houses of Parliament to some other place, the City of LONDON would be quarreled with as harboring those whom his Majesty calls his

Enemies, and from whence he was driven away (as he and his party do complain) by seditious Tumults: Whether those Tumults were the true or suggested cause of his removing thence, or the Letter written to disswade him from any compliant way with the Par∣liament, but rather to betake himself to some remoter place elsewhere, &c.

'Tis true, there was at that time which his Maje∣sty speaks of, a great concourse of people about Westminster and White-hall, and the Londoners lan∣guishing long, as many Subjects elsewhere did, un∣der the heavy pressures of Injustice, implored his Majesty and the Houses of Parliament for redresse, every one being earnest to have Justice done with the first opportunity of the Parliaments sitting.

They might peradventure press too near and rude∣ly to his presence; but whether his Actions after such removing suited with the Instructions of that Letter then sent when the Jealousies did first begin, let all men judge.

The Orators opinion was, Nothing so elegant or * 1.44 good but words may stain, yea and wrest it too to an ill sense: The peoples numerous and importunate de∣sire of Justice, their pressing near to his Majesty, is by the power of Oratory, Seditious Tumults: On the other side, some taking part with the Parliament give out, That the Book of Common Prayer is altogether Idolatrous, the Church-Government by Bishops An∣tichristian.

There may be an Error and corruptive use in this or any Form, yet not to be mark'd by such Attri∣butes, Nothing also (as the same Orator observes)

so harsh or horrid, but the eloquence of words can mitigate and excuse: The impetuous coming of great num∣bers of Armed men with Swords and Pistols fol∣lowing the King when he came to the House of Par∣liament, to demand the six Impeached Members, is by vertue of milde language the * 1.45 single casual mistake of the King, the indiscretion of some few rash Gentlemen.

Which by the way, the disaffection born by his Majesty to the City, the place of the Parliaments sitting, presaged all possible means to be devised of di∣viding the place and the Parliament met there, which could not be better managed, then by excepting against that, and adjourning to some other place.

To speak it plainly, it was the Cities Assistance and Affection to the Parliament which caused the Anger (for, be it spoken to their perpetual Glory) the happy correspondence betwixt the City (the place of security for that Court) and that Courts consulting for the Cities and the Publique good, hath hitherto, next under Gods Protection, deli∣vered Both, the City and the Parliament.

It follows next in point of Conscience, which is to be obeyed, the King divided from the Par∣liament, or the Parliament? as the King is the Head and eminent part of the Parliament, the Parliament the Heart of the King; although the Head may be forceably or otherwise turned then the Heart directs, the Heart is neverthelesse the same, nor to be thought divided from the Head; Wherefore the Parliament residing there where it was first Summoned, and the King there

vertually, * 1.46 a Commission for passing Bills in his absence, and a Law in force for transacting matters when he is absent by Commission to convey his Royal Assent, 33. Hen. 8.

Obedience is due to the Parliament, so consider∣ed, viz. his Majesty in his lustre, power and vertue, being there incorporate with those his Faculties, and whosoever resists that Court resists the King as Head.

Herewith suits the * 1.47 Apostles exhortatory com∣mand of subjection to the higher Powers: Powers they are (without doubt) high also and eminent, otherwise the Countreys made an ill choyce out of eminent persons to elect inferior and mean men to enact Laws.

The Apostles text forecited, intendeth not a King simply in His person only, but all powers of govern∣ing, nor them, as governors in whatsoever they do, but for the reason there subjoyned; Their just de∣meanors, as being the Ministers of God for the Sub∣jects good, to take vengeance of evil doers; otherwise Saint Peter his peremptory text [It is better to obey

God then man] were of lesse value, and might seem to contradict Saint Pauls exhortatory [Let every soul be subject to the higher Powers.]

But to the difference in the object of obedience, obedience is (in common judgement) most due to that power which is freest from the possibility of Error: A King may sooner erre then a Parliament may; no man can simply accuse that Court of per∣manent Actions of injustice; for whatsoever they do Establish or Ordain, is made just and lawful un∣to us, in that they do it, whilest we live and are born under laws: They may by some latter Act re∣peal or moderate the rigour of an ancient or former Law without Error, or injustice doing.

The managing their course of enforcing, of im∣posing upon the Subjects Liberty and Right, of re∣quiring him to contribute to the maintenance of this War, may not altogether unfitly be resembled to the course of a skilful Chirurgion, who when a Patient's leg being broke is ill set, he breaks the leg anew, although with torture to the Patient; his reason of breaking the same again, is to set that right, which by ill setting was displaced: The Parliament findes the Laws broken, justice turned out of it's propper channel, they in the prosecution of a War necessarily to be maintained for the recovery and restauration of the Laws to their former state, break those Laws again: they enforce the subjects to pay the charge of Souldiers raised therefore, not with an intent to continue such exactions, but only du∣ring this time of War, which by the peoples free sub∣mitting to the Parliaments impositions will the

sooner end, the one not laying heavier loads then the Subjects can bear, nor the Subjects repining at what the Parliament shal impose; and all upon a serious and just debate of what may fall out but necessary for a War being to be waged in defence of the Laws, Government and Protestant Religion, which by subtil and secret practises hath been long since op∣pugned: who is to bear the charges of the War, but they for whose sake and safety it is raised? Qui sentit commodum, sentire etiam debet & onus, money is the sinews of War; War the end of Peace, Peace the Subjects Blessing: if he voluntarily contribute not, and be enforced, it is no impeachment of his Liberty; and whither a War be to be waged, is the result of this Discourse.

If the Subject, by reason of such Tax and Impo∣sitions, be lessened in or brought beneath his ordi∣nary port of living, his hope of enjoying his for∣mer Peace and Safety is his relief: a litle enjoyed with quiet better contenteth the Subject, then a great deal with travel and contention of Spirit; where∣upon the wise mans saying doth reflect, in the com∣parison, betwixt a dinner of hearbs with Peace, then a stalled Ox with contention; better to live on a morsel for the present with Peace and Right to what a man liveth on, then to fare plenteously in fear of strife without the Justice of the Law measuring out each mans portion.

Again, in that some of the * 1.48 transient actions of the Parliament may seem harsh and rigid, yea in∣trenching deeply on the private Estates of men (as matters now are in these loose and confused times,

when Law and Justice fail in most parts of the King∣dom) yet relating to the publique good and com∣mon end of Peace, not altogether unjust in the de∣terminate acts of Justice, no more then when houses in a street on fire, the contiguous house pull'd down to save the whole street can be thought a determinate wrong, or any wrong at all, except to the private person whose house it is: The distinction between In∣justa facere & Injuste facere is old, this commonly and purposely to do unjustly; that sparingly and acci∣dentally to do things unjust: wherefore the con∣demning of the Kentish men to dye for the late in∣surrection * 1.49 in that County (instanced in as an act of cruelty) might seem unjust and beyond the letter of the law, in that all Rowts and unlawful Assemblies are by the Statute in that case provided, construed as Misdeameanors only, and punishable by Fine and Imprisonment. Ans. The Insurrection there was of a different nature, in a more seditious and turbu∣lent time; the unlawful Assemblies at the time of enacting that Statute were, as of a lighter kinde, so to be punished by a lighter penalty: This, when the Subjects Liberty invaded, the supreamest Court of Indicature oppugned, and a Kingdom hereby divided within it self; when for the mutual defence of each other, some Counties thereof shall associate, with∣out any farther aim then by their joynt strength to repulse an Enemy in case he shall invade: Such an Insurrection as was then made to disturb the Unity of such Association, is more then an ordinary Rout intended by that Statute, and to be tried and punish∣ed by the Justice of a Parliament.

To examine His Majesties demeanour, suits not not with the tenour of this discourse, whither He be considered in His Absolute quality of Wise, Vali∣ant, Temperate; or in his Relative towards his people, as what His manner of Government hath been since His first comming to the Crown, God and the Kings own heart can best judge and determine: To repeat invectives here, neither becomes the Author, nor avails the Cause; preventives of future evils are a better Antidote then Accusations are a cure for what is past: Many passages now extant and in print from LONDON and OXFORD being fully set forth by the one, excused and answered by the other side, have made known His Government.

But to what happened since this War was waged, which party the lesse unjust, which more to be obeyed? That which actually did offer wrong, or that which being necessitated to raise Arms for their own defence, and consequently prove the passive Authors of a Civil War, might offer injury: The Declarations and Remonstrances published of late, with the Answers and Replications thereunto have set forth the matters of Fact, and both parties chal∣lenging now, yea enforcing obedience from the people; the Reader is to Judge unto whom it is most due.

If in His Majesties demanding ship-money He hath lost any of His Subjects affections, He may thank them who perswaded Him to the Justice and Legality thereof, which whether it were lawful or not, is learnedly argued by His * 1.50 Solicitor General.

The affections of the people are for the most part measured by the deportment of the Prince, so reciprocal is the obligation, so natural the relation betwixt a King and His Subjects; and how desirous His Majesties Predecessors have been of their Sub∣jects love, is fresh in Memory: They knew, and were protected by it, that Fides magis tuetur, quam satellitium, their Subjects affections to be a surer Bul∣wark then their own Guard. King James protested * 1.51 the enjoyment of His Subjects love, and His possession of their hearts, to be His greatest earthly security, next the favor of God, and so to be accounted of by any wise or just King.

Queen Elizabeths tender affections and care to∣wards * 1.52 Her people was expressed, in that she took it ill, that any man should think a Father loved his Children better then she her People: Affections are not to be en∣forced, when they are, they turn into fear and are not durable: Love hath a univocal generation be∣getting Issue like it self; as the face in water answer∣eth the face, so the heart of man to man: If Kings love not their Subjects, whom God hath therefore made them Lords of, their Raign is dangerous; and where Subjects return not the like duty, the Obliga∣tions being mutual, their guilt of unthankfulness and disloyalty in infamous: where the fault now is, Peace only, and such Laws as follow on it, can re∣solve the Question.

But sure it is, that the peoples free and unconstrain∣ed affections run, for the most part, all one way, their * 1.53 Protestation lately taken binds them to an unity of concurrence, they are sensible of the several parts

thereof, tending all to the maintenance of Gods Honor, the Kings welfare, the Subjects Right and Liberty (no one part crossing or contradicting the other, if it should, it could not be safely taken) and it is strange, that in this great and Civil Discord, the people being free to chuse which part to side with, there should be such an aversnesse and disaffection in them, unlesse on most vehement causes of suspition, above ordinary Fears and Jealousies, descending even to whole Families and Countreys; for few or no one Countrey (let men frame and flatter what they please) more Malignant, more Loyal then ano∣ther, excepting where the Kings power hath its re∣sidence, the Authority and strength whereof sub∣jugating the peoples hearts, the Factors for that po∣wer pressing and protesting the Justice of their own party; so seasoning and possessing the Subjects hearts with Calumny and prejudice against the other party; together with some Gentlemen of note deep∣ly engaged, and stickling in their Countreys where they have power, to make good that part which they take for their own sake and safety; and those few have some Followers, Tenants, Servants or Merce∣naries. Nor one Town more Loyal then another, or more Malignant (taking the Malignancy against which side you will) saving where some obnoxious persons of Eminency or Power hath Pre-eminence above the rest, or where a chief Town in a County since this War began, hath a more stout and expert Commander in it, to Govern and keep the same a∣gainst all Force opposing it: wherefore what a mistake it is to call this Countrey or Town, more or

lesse Malignant, more or lesse Loyal, when as all men in a natural duty do and desire to serve the Countrey wherein they are born and live.

The Orator excepting against the ease and quiet * 1.54 of many men, did long since direct them in the gra∣titude which they owe unto their Birth and Breed∣ing, distributing their Duty and Endeavors into se∣veral portions, Partem Parentes, Partem Amici, Par∣tem Patria vendicat, what their Countrey is, what the Representative Body, is already declared. The King as Head thereof, whilest joyned to the Heart and Members, is implicitely meaned. * 1.55 One part (the Countrey) is explicitely set down.

Which terms of Malignant, Loyal, unquestioned before this War began, hath much distempered the Common-wealth, and set a difference even between the nearest Friends: where Nature and Desert hath put an Unity, Malice and Mistakings hath made Dissention, that it falls out in these Kingdoms as in Israel and Judah, two parts of a Nation, we are no longer a Tribe and a Tribe, but we are divided Kinred against Kinred, Family against Family, Son against his Father, a Daughter against her Mother, and a mans Foes to be those of his own House: Nay, it is a more intestine Discord, betwixt a man, as it were, and himself, the Body and the Minde, between the outward Estate and inward Conscience: When a man to save his Estate shall expose his Conscience, having premedi∣tately and on judgement resolved to betake himself to one side; soon after for fear of losing his Estate, or upon the turn of Victory, hath submitted to the other, against the consent of his own heart and con∣science.

The prosecution of which War hath had several rises and beginnings, many passages to increase and adde fuel to the Contention; the Kings party al∣ways crossing and altering, even in matters Arbitrary and Indifferent, what the King and Parliament did on good reason institute.

Others of more moment, as namely, His * 1.56 Maje∣sties gracing and preferring to His nearest secresie and trust, a person whom His Majesty and Parlia∣ment did accuse and Proclaim guilty of High Trea∣son.

Divers other matters of debate might happen to inflame the Discord, one more particularly and re∣markably concerning the Earl of Strafford, who in the Dispute whether he should suffer or not, had gained the most powerful and eminent Members, as he thought, of both Houses of Parliament on his side, and the King to intercede as far as he might with Justice to acquit the Earl. A sixth part at the most of the Members against the Sentence of his suffering, might be peradventure troubled that their power and suffrages were over-matched, and think∣ing much that they could not prevail to acquit the Earl, have probably nourished thence an emulous spirit towards their fellow-Members; the Debate whereof could not but adde unto the fuel of these Dissentions, and so prove a prosecution of this War.

Thus the fire of War being kindled, two princi∣pal parties have appeared in a martial posture: And which first began, unto whom was violence first offered, in robbing and spoyling and the like, is re∣ported

severally according to the affections of the Reporters; a just estimate without varying in mat∣ters of considerablenesse is hardly to be had: The King and His party say he intended no War, the Parlia∣ment sayes, Their's is defensive only, the Proverb is [The second blow makes the affray] the first it is sure gives the offence: The Kings coming in a Warlike manner, attended with so many armed men to de∣mand the six impeached Members, resembled as much as for that present might be a Warlike act: But a Warlike act and a War differ, not much more then a disposition to a habit and a habit to it self; 'Tis true, there wanted time and preparations to make it a perfect War, and neither WESTMINSTER nor LONDON were a fit scene for War, the prepara∣tions were elswhere made in many parts of the King∣dom, by men who have been active for His party; and large contributors to this War against the Par∣liament, have evidenced the symptomes of a War, and their assistance whensoever it should be waged.

To prove the Kings assertion, that He in His Person intended no War; divers of His Nobility then attend∣ing Him have * 1.57 attested it under their hand writing: which the Court of Parliament urges as too light a proof to discharge their Trust, or to secure three Kingdoms by; a Civil War being then in agitation, the seed already sown.

Who (may they say) can witnesse or be security for another mans intentions? for what another man doth purpose in his heart? or who being present with the King dare call in question His sincerity: tis all one to tell Him He is false or wicked; a Kings an∣ger

is as the roaring of a Lyon: If two or three begin, what third, fourth or more will refuse to joyn in the attesting it being present there? His Majesties heart may be peaceable and sincere, but a Certificate from those Lords is no Medium to prove it so: Those Lords it's like had a cheap esteem of their fellow-Lords and Commons, and might well think fit ra∣ther to be quarrelled then joyned with: if the Par∣liament the supreamest Court of Judicature and Trust, shall so slighly discharge their Trust, as to place the Peace and security of three Kingdoms on so easie a proof, as a few, though very Honorable Gentlemen, to deliver what their opinion barely was concerning the Kings intentions, a discord a∣rising and a Civil War in view, His Majesty ex∣asperated, as it was feared, a party ready to joyn with Him, some whereof having taken part with Him in His first assault, others of the like condition to assist Him on pretence of Loyalty, the Parliament Mem∣bers, many of them being accused of high mis∣demeanors, and few scarce free from the incursion of His Majesties displeasure, the debate concerning the Earl of Straffords trial being scarse wiped out, were necessitated as well in their own defence, as in the peoples involved in theirs, to take up Arms to keep off those storms already acted and attempted; which if they had not done and timously provided (a face of War appearing) against the like assaults, it would have been thought a weaknesse of spirit, or want of prudence if they had desisted; besides the happinesse, as to us, which probably might have accrewed by the assembling a Parliament, must

have turned unto much unhappinesse by the affront∣ing and overthrowing this; as to the Parliament, how incompetent it had been to their judgement, in case the Trust reposed in them, and the important Affairs of the Kingdom (the end of their Assem∣bling) should have miscarried through their credu∣lity; to have made no better return of their wisdom, the peoples trust, then for them to have excused the same by saying, [We had not thought it would have so faln out.]

As to the Acts of Violence and Injustice, practi∣sed by the partakers in this War, as of Robbing, Spoyling, and the like, who first began, the Kings party or the Parliaments? They accuse each other of the first breach of Justice; The Kings party aver, The Lady Savage's House in ESSEX to be the first which was assaulted and spoyled of much of her Goods and Houshold-stuffe, to an exceeding value: Whether so or not, or the Earl of Stamfords House in Leicestershire, as the Parliament party urges, the case is of a differing quality: For howbeit there may be Injustice in the one, as in the other act of Pil∣laging; The Lady Savage being a known and con∣vict Recusant, a Law in force for disarming Papists, and His Majesties Proclamation of Displea••ure, published the year before against Recusants, &c. the people suspecting their strength and opportunity to increase, and supposing her preparations might be therefore made, the better to enable her self a∣gainst the Law, remembring also His Majesties Pro∣clamation, did in pursuance of such Law and Proclamation, without any Superior Warrant, as∣sault

and Pillage her, as is urged.

These particular acts could not but foreshew a war, which since hath happened; and setting those aside, the Question is, on which side the offensive is: The extreme terms and parties in this Quarrel, are a De∣linquent party on the one, and a Parliament (a Court of Judicature) on the other side; or (if the King will against His Subjects will, and their humble im∣portuning Him, make himself a party) betwixt a King, and the greater part of His Kingdom; the Parliament only the Umpire to judge and moderate the Quarrel.

A War thus happening, and parties thus engaged, 'tis not now who first intended an Offensive, who a Defensive War; but who first executed a Warlike act, or appeared modo guerrino (which the Laws do forbid to Subjects, and the King the Defender of those Laws) to make the offended party provide for themselves; the King against the Parliament, or the Parliament against the King? The Parliament to bring offendors unto Tryal (the end and reason of their Assembling) to sit as a speculative and ignavous Court, or to dissolve, as having nothing within their Power to do, could not in an ordinary and usual course summon and reach offendors: Themselves proscribed and proclaimed against as Traytors, were enforced to take up Arms, as well for their own as the peoples safety, which if they did not, and in time provide against their Ruine, they had had no other Reward for the present, but pity from their Friends, and scorn from their Enemies. The fu∣ture inconveniences might have been as fatal, like a

Consumption leisurely to spend the body; or as a Civil War, like a burning Feaver, suddenly to kill it.

They then upon foresight of what they could not avoid, but either to pursue the Justice of their Cause by Arms, or to desist and submit to the mercy of their Enemies, provide and send forth an able, faithful General, proved by his Prowesse in rescuing and relieving a besieged * 1.58 Town or Fort when the Enemy had well nigh prevail∣ed: Next after him they send forth ano∣ther, Puissant and Dexterous in his At∣chievements, with other Officers and Commanders belonging to an Army, hazarding their own persons and Estates, to try whether the Countreys which have chosen and sent them on their work, would now defend and assist them in imminence of danger in the Cause of main∣taining the Laws, the Subjects Liberty, the Power and Priviledge of Parliament.

In the Interruption of whose Endeavors, a War is waged, a Conflict entred into, two parties oppo∣site engaged, and the Victory hath been therefore doubtful, by reason of the equal strength in the one for the King and Parliament, with the other for the King against the Parliament; both sides equal in de∣gree and worth.

The odds only, in that those for the King and Parli∣ament contend not peradventure in so temporary, seeming, and immediate a way of Service, as those for the King against the Parliament, in their impe∣tuous and inconsiderate heat, amongst their own par∣ty

best accepted, as having at first sight a more seem∣ing test of Loyalty, more dreadful to the advers part, as being the more full of cruelty.

Those for the King would not be thought Adver∣saries to a Parliament, in a direct and immediate op∣position to that Court (for all seem to reverence the Law and the Law makers) but consequently and forseeingly what course the Parliament did take to suppresse Abuses and Exorbitances in the Common∣wealth, which haply those advers persons might be guilty of.

The Adversaries to which Court are branched in∣to several sorts; the Verses found at their first fit∣ting, declaring what Members were competent alone for imployment in the Parliament, glanced at many of those who were likely to prove advers there∣unto:

No Church-Papist; no Court Atheist. No Fen Dreyner; nor Lords Reteiner. No man commended from the Lawn Sleeve; Nor Ship-money collecting Sheriff.

out of which some chosen, have approved them∣selves firm Friends and Patriots to their Countrey.

Besides, these recited in these Rimes, are,

First, Obnoxious and guilty persons, corrupt in place and Office, therefore troubled to be over∣look'd by a Superior power who might examine their Demeanors: Amongst which numbers, some not from the first, or habitually offending, but for some later and particular act of Inconstancy, having erred, persist therein, in forsaking the trust in them reposed.

2. Others of ambitious and aspiring thoughts, or of a proud conciet or envy, scorning to partake with others their Equals in opinion, thinking with∣all that it smels too much of the Yeoman, of a Pea∣sant and vulgar quality, to take part with or serve their Countrey.

3. Some through Levity and Humor, of a crosse and advers condition, affecting Paradoxes, venting thence the strength of their own wit, and boldly de∣scanting on the Court of Parliament & their actions, as if the more Honorable that Court is, the more fit a Combitant for their great wits to foyn and fence with.

4. Others from an ill will and disaffection to some person of the Parliaments side, which the disaffect∣ed hope may prove Rebellion in such person, have therefore adhered to the King against the Parlia∣ment.

5. Others not much differing from these, who seeing their immediate Ancestor (Father, Brother, or some other unto whom they are next in Remain∣der, or near in Blood) to have assisted the King and Parliament, therefore in danger to be questioned, and knowing it to be in the King to Punish and Re∣ward, hoping for Reversion of such Estate upon their Ancestors Attainder, have therefore assisted the King against the Parliament.

6. Others of the like mould, dividing as it were by contract, and suiting their affections, as the father to the one, the son to the other side, so the one is to be a saver by the bargain, let the victory fall out which way it will: This is the easiest and uncertain∣est

way of Policy, if there be any who practice it; if I had said the worst way to, it had been no wrong done to the Contractors, because the War hath been by no means so much protracted as by the Collate∣ral interests; Conscience and Judgement being excluded.

7. Others who having lived in Forraign Countries of a more free and absolute Government then this mixt Monarchy is, deeming all manner of obedi∣ence due in whatsoever a King commands, because it hath been paid to the King where these persons have lived, and seeing That universal obedience denied to our King as matters now stand, have there∣fore settled their affections to His party, and having so setled, think it now an undervaluing their Judge∣ment to alter their opinion.

8. Others of an easier Temper, yet as obstinate as any of the rest, from somelight courtesie from the one, or discourtesie from the other side, have taken parts; and taking it on trust, that all maner of obedience is Loyalty, all disobedience Rebellion; have been through such opinion drawn unto His Majesties party; and reteining still the impression wherewith they were first seasoned, think it now shame to quit the same, unto whom notwithstanding, the terms on which this division grows have been so doubtful, that the very first impression hath alone weighed in guiding their Affections; for the peevish pride and folly of making good their first impression, on no others grounds, then because the first, which they think scorn to alter, hath strongly wrought upon many in this contention.

If any the Inhabitants in or about LONDON, doubtful at first which side to take, and since the time of the Proclamation set forth against that City, be advers to the Parliament, some through pretext of Duty to the King, many upon the hopes of gaining pardon when He shall have prevailed: others upon other grounds, as having debtors in His Army and Quarters, wish well unto His party in hope to receive their debts: others not so much out of Loy∣alty to the King, as discontented and displeased with the Parliament for imposing payments towards this War, finding withall a discontinuance of their usual trading, to defray this new and unexpected charge; and ready to believe that His Majesties distance from White-Hall, and His other adjoyning Palaces, together with the peoples absence from the Courts of Judicature, are a detriment to their pre∣sent trading, and that the Parliament is the cause of all. These men are sensible only of a present pres∣sure at the instant, not looking to what is past or future; like impatient and peevish patients, who think no pain comparable to what they at the present feel.

But how to avoid the charge of the above recited Proclamations, leaving none unpardoned of the city; these men may imagine that they play their game most cunningly, and trusting on pardons underhand, may prove Enemies to their fellow-Citizens, who joyntly acting for the Cities good, these men, it is to be feared, do countermine and work against the same.

For admit in a corporation or society opposed

by a powerful Enemy, some few of the society shall, upon suspition had that some of the same fellowship do covertly serve the Enemies turn, by givnig intelli∣gence, or otherwise assisting him▪ and in so doing pro∣vide for their own safety in case the enemy shal prevail; wherefore those upon such suspition shal conclude to be as wise in providing alike for their own safety also: By such divisions & sinister suspitions, the Unity be∣ing disturbed, a way is consequently prepared to the ruine of the whole at last. Others there be more dan∣rous then these, who having some special Friends in the Quarters or Army of the Enemy, are Factors where they live for such their friends, who preferring their private and ambitious ends before the common good of the place wherein they live, do negotiate and privily drive the Enemies interest, like a viperous brood eating out the bowels of their parent, by whom and under whose protection they live and have their being: The mercy shewn to these is Cruelty to the rest, and these mens mercies, in case their party shall prevail, will exceed what is called Cruelty.

The Concord should be as the Obligation is, general and reciprocal, for the mutual safety of the whole Body Politique: the City hath a long time been as famous as any in EUROPE for their * 1.59 wisdom in all things expedient for their state & dignity, in their mutual traf∣fique with all parts of Christendom: and they are unworthy of their protection, or to be entertained within their Limits, who wisheth not their continual flou∣rishing: To divide, thereby to lose so

great a stake as the Publique good, were a blemish to their Prudence: Wisdom is more prone then folly to Dissention, having in it a particle of Pride, and self-conceit, and naturally busie and curious in projecting, in suspecting; when as folly rests and contents it self with its own privations, it faring commonly amongst the wiser sort of men, as with the learneder of Physitians meeting to consult a Pa∣tients sicknesse, Nomine eorum idem consente ne videa∣tur * 1.60 accessio alterius, until their dissenting in opinion disturbs and overthrows the Patients recovering hopes: The City may differ in opinion about the means, without disagreeing in their affections to the end, the Common good, and their own security in∣volved therein, least by crossing each others Acts and Councels, they gain that to their Enemy, which he thirsting for beyond and above half the Kingdom else, cannot by his own wit and power.

As to their latter reason of these mens displeasure against the Parliament, viz. their feeling of heavy payments, or of one mans peradventure more heavy then his Neighbors: It is a blessing, and so it is termed, that they, and other parts of the Kingdom within the Jurisdiction of the Parliament, do enjoy Peace within their Walls, and Plenteousness within their Precincts, as a Reward due for their Association and Accord, although they pay for it; whereas many Towns and Countreys elsewhere pay for dearly, even to their undoings, yet want that happinesse.

If amongst the rest of the partakers in this Quar∣rel, Schollars, the Clergy, or a great part of them seem more Loyal, more Affectionate to the King, conse∣quently

the opposition being grown to the height, more invective, more advers to the Parliament, up∣on a mistake had of the reason and end of the Parlia∣ments proceedings concerning the Clergy, the mistake is soon set right. The Parliament in their just Estimate of what concerns the Clergy, might have promoted the encouragement of Learning in a more equal distribution of Church-Livings then now it is, without taking away the right of presen∣tation from the true Patron; yet by providing a∣gainst the Lyon-like fellowship, as the Proverb is, Some all, some never a whit, or which is as bad, that the more lazy and unlearned may not abound with what the more painful and learned want: No indiffer∣ent man will think that there can be such an envy and disproportionate dealing in a prudent Laity, en∣deavoring to Reform, towards a learned Clergy, the instrumental means of Reformation, as that the one should check, or discourage the growth and study of the other.

The wise and pious judgement of King James is yet fresh in memory, which He left as a Legacy to Posterity, of the esteem and reverence due and not to be denied to the Clergy of this Land, speaking in His discourse of the Laws of this Kingdom, of Gods own Laws, which His Majesty did then com∣plain were too much neglected, and Church-men had too * 1.61 much in contempt; for, saith he, great men, Lords, Judges and People of all sorts, from the highest to the lowest, have too much contemned them: And God will not blesse us in our own Laws, if we do not reverence his Law, which cannot be, except the Interpreters of it be

respected; and it is a sign of the later days drawing on, even the contempt of the Church, and of the Governors and Teachers thereof now in the Church of ENG∣LAND.

But of these kinde of advers persons last men∣tioned, there be two sorts, the one an ignorant and proud, which commonly go together, the more ig∣norant the more proud; The Gale of their empty Tu∣mour were retarded in their aspiring Course, if their Bottoms were Ballassed with the solid part of man, Humility.

The other a learned and judicious sort, some of whom also may be Enemies, making it a common Cause of engaging all Schollars against that Court, on this surmise even now cleared [That by the Parlia∣ments endeavoring to restrain the Plurality of Church-Livings, and the personal corruptions of Bishops, all learn∣ing and the Seminaries thereof, the Universities, are dis∣countenanced.]

If the Universities partake of this adversnesse and disaffection, as conceiving the Parliament would have made a more strict Inquisition into their Demeanor, then the Visitors of Colledges their remisse Indulgency hath of latter times afforded: The corruptions of those Seminaries is not so much of it self, as of the negligent and discontinued over-sight in those whose proper charge it is to super-intend their course and maners.

Their Founders Munificent and Pious care from the first Institution of their benign intendments, did purpose nothing more then an industrious and pro∣fitable course of life in the educating youth, and fit∣ting

Schollars for the Church and Common-wealth: which if the Founders purposes be through neglect and corruption of times perverted, and that many the Fellows of Colledges there, degenerating into a lazy and unprofitable life, contrary to the Founders intent; it were a blemish to the Government of a prudent and wise State, finding out the Malady, to passe it by without enquiring into the Cure.

Amongst the number of the parties in this Quar∣rel, all mens Actions or Affections being engaged, there be others advers enough, although warily car∣rying it, and disaffecting the one side to the heigth, yet lying at a more subtile and close lock (the Prisci∣lianists, Tu omnes Te nemo) they know all men, no man them, and in their own eye play their game most cunningly, contented to temper and tune their Tongues suitable to the persons with whom they do converse, and to comply for the present with that side which they disaffect, yet reserve an advers heart when opportunity shall serve: These men should not take it ill, if that side, when prevailing, shall deal with them in the like kinde, to give them good words, yet know them for their Enemies.

Divers also of a luke-warm temper, not Mode∣rate, but Neutral, rather Issachar like, couching down betwixt two Burthens, reserving the tribute of their affections for the stronger side (their condition not unlike to Water-men in a rough Tide, Rowing for safety from one Shore to another) yet discerning the difference of the Cause in question, and in their judgements satisfied which is the more just, do weigh withall, whose Actions, the Kings parties or

the Parliaments are the more Cruel, and for fear of that which is the more cruel, betake themselves to that, presuming upon the Lenity of the more milde and merciful, as not likely to exceed the Limits of Justice in their punishings.

Others of mixt affections adhering to the King in some of His Tenents, to the Court of Parliament in some of theirs, and none so sure a lover to the Parliament, or Adversary to the King, but will think that the Parliament in some of their transient Acts may deviate and go astray: The Kings party may in other things maintain a probable right; yet that doth not distinguish these mens affections, or make them lesse vehement to the party they affect: For the ex∣treme and adequate terms in this Division, are an actual invading the Subjects Right, setled by an Ancient and Fundamental Law on the one, and an endeavoring to maintain and preserve the same on the other part.

The other Disputes between the King and Parlia∣ment, concerning Church-Government and the manner of Divine Worship, are collateral only, and incident to this contention, and might have been left unquestioned and intire, had not this War touch∣ing a more principall object happened, and may soon yet be reconciled, when as little different in themselves.

And these men mistermed luke-warm or neutral, will approve themselves as affectionate and constant to the Parliament, as any of those who misterm and censure them.

And of this sort many there are who have wisely

and warily carried themselves, with fervour and constancy to that part, although commended in a ma∣levolent envious way, and taken notice of by their enviers, repining at their well-doing, for playing their game so wisely.

Divers also of the other side (to comprehend them all in a few words) ignorant, peevish and cur∣rupt in manners as in judgement, as Schismatiques and Sectaries, snarling at and despising all Government, are seeming to adhere to the Parliament against the King, it is sure against His Government; no friends to the Parliament, but instruments, and glad at these Distempers, whereout they suck no small advan∣tage, and certain Enemies, when time shall discover them, to the peace of the Church and State.

The Quarrel would end the sooner, if all men who partake therein would deliberately and seriously examine within themselves, on what grounds, and for what respects they have wished best to the one or to the other side, and if they have in a hasty and precipitate way erred in point of judgement, to re∣tract their Errors: the two known premises of [* 1.62 the second thoughts are commonly the wisest] and [no * 1.63 injury can befall a wise and resolved spirit] afford one safe conclusion, that it is no injury to the Credit of any man, to change his opinion upon better grounds, and if it were, his wisdom can keep off the injury.

If Reason, Conscience, Duty, were the rule alone wherby to guide the affairs and mindes of men (collateral and sinister ends, as is elsewhere set down, excluded) or the distinction well observed betwenn

Time and Eternity, and the difference between the dimension of these and the reward due after the fruition of either, there had been much lesse blood spilt, and the accompt lain more lightly on the blood shedders.

The Series of the War declared, the partakers known, who have been the Authors, what the Cause of this Contention; the Parliament by the event of what hath happened have been traduced and censured, the Authors the occasion.

The proper cause is Injustice and Oppression, by whom committed follows, if Justice exalts a Nation, by the rule of Contraries, Injustice must overthrow it: Tis true, this calamity, these pressures, these divisions and Schisms have happened in the time of the Parliaments sitting, yet that Court no more the Cause thereof, then Augustus Caesar's Raign the cause of Christs birth; He was born in the time of Augustus Raign; This Calamity befel in the time of the Parliaments sitting: If the Par∣liament any cause at all, it is a very remote and least principal, not to be reckoned positively a cause.

No man can reasonably think them to be the cause, that when as Discord doth waste and rend the strength which they have gained by Policy and friends, they will endanger the losse thereof by the weaknesse of Dissention.

In a serious and Christian apprehension of these Calamities, the supreme and original cause is our National Iniquities, Pride, Falshood, Luxury, con∣tempt of Gods Word and His Laws, and the like, draw∣ing down the Anger of a just God; but that His o∣ther

attributes of mercy, which is over all His works, His long-suffering, and plenteousnesse in Goodnesse, can cancel and supersede that of His justice, if the fault be not supinely ours, when as (if the commemora∣ting of His readinesse to forgive be no Doctrine of presumption to embolden sinners) He often spares for His elect, for a few righteous Mens sake, the rest.

In the rank of natural and lower causes, Inju∣stice, as even now spoken of in the subordinate Ministers of justice, which grindes the face, and adds to the number of the poor, hath been the proper and certain cause, although the * 1.64 Historian stateth it plainly against a King Himself; to private men, saith he, it is sufficient that they do no wrong, but a Prince must provide that none under Him do wrong, for by the winking at the vices of His Officers, He makes them His own.

One other sin of a latter date may be added to the number of the causes of the continuance of this War, for which God is justly angry and hath se∣verely threatned; the faint and perfunctory keeping of the Protestation and Covenant entred into; ra∣ther of not keeping it at all in many of this King∣dom: for whilest in the close of the Protestation we shall vow to endeavour by all honorable and just ways, &c. In which words some measure of Acti∣vity at least is requisite.

When thou shalt vow a vow unto the Lord, thou shalt not be slack to pay it: and wherein many have not * 1.65 only deserted this their vow, but endeavoured a∣gainst the same: Others contemplative only and

remisse, as not endeavouring at all, but with cautious reservations and forbearances keep off their endea∣vourings, believing as the Lazy Souldiers whom the * 1.66 Historian noteth to have dreamed their Enemies votis & sedendo debellari posse: Wishings and sitting still are no sufficient discharge of the pro∣testors Vow, when as he Voweth he will endea∣vor, &c.

The next amongst external causes, is the impor∣tunate and restlesse power of Flatterers, making a Prince believe in the vastnesse of His Power over and above all Laws, excusing and making lesse His faults then indeed they are, rendring withall His acti∣ons exempt from Sin or Error.

The seasonable Accident which befel Antigonus King of SYRIA, setting forth the falshood of His Parasites, made him repent His Error; in the Event, Himself and His Kingdom happy; who Hunting in a Forrest, and earnestly pursuing His Chase, be∣ing benighted, lost His Followers, and happening into a poor mans house to take His lodging, demand∣ed of His Host, What that Country, who and what maner of Governor the King of that Countrey was? The poor man answered at large, not knowing Him, nor sparing to tell Him or any of His faults; for which round dealing, the King discovering Himself at His fellow-Hunters ••oming, rewarded well His Host, and afterwards better knew Himself and His flattering Courtiers, using these words in their hearing, Verum de me, nisi hae Nocte audivi nunquam.

There are two causes of Pride, an

• Inward Ignorance,
• Outward Flattery.

That no whit appliable, This the more dange∣rous, as being inevitable, because by surprize it seizes and annoys the person flattered, and by per∣swading him to what he is not, robs him of the pos∣sibility of being what he should.

Other occasions and incentives have been of this War, the angry maner of Impeaching, the Ho∣stile of demanding the six Members of both Hou∣ses, together with the Proclamations since accusing other Members of High * 1.67 Treason, hath added to the fuel of this War; On what the Impeachment was first grounded, otherwise then as general Articles, is known to few, unlesse it were for some supposed ill committed in their activenesse to perform what they thought their duty did enjoyn.

In every design and purpose, there will be some more Activity in one, two, or more, then in the rest, otherwise the purpose in hand is likely to stand still: Every compleated Act is first the conception of some one individual person, then the consent of the rest: If the first beginners shall for their forwardnesse (of no advantage to themselves) be therefore accused of Crimes, and in a violent way pursued, it could not but strike at the Root of the Subjects Liberty invaded lately, then in agitation to be maintain∣ed, and the sequel prove dangerous, the infringing the Power and Priviledge of Parliament, which so many Thousands have protested to maintain.

The Quarrel was as the Division, great, and 'tis probable there would not have wanted witnesses on

the one party, as to prove the Articles, so to have aggravated the guilt of them to the highest against the other.

The examination of which Articles, whether the six Members were guilty in matter of Fact of what they were accused; or whether the Articles were Treason in case they were guilty, is not proper to this Discourse: The beginning and maner of the first entring into this War being set down, the Reader is left to judge, on which the Offensive, on which the Defensive is.

If it were as certain that the Parliament did be∣fore this War intend any thing against the Honor of the King, as it is certain the Subjects Right and Li∣berty were encroached upon (to say no more of what is vehemently presumed against the Protestant Reli∣gion) no question then but the War must be thought Defensive on the Kings part: But when these three endangered, the Incendiaries contriving the subver∣sion of the same, consequently the promoters of this War are judicially required to answer their Mis∣demeanors, when as they shall by a strong hand be rescued from the hand of Justice, and in stead there∣of, Misdemeanors of as high a nature retorted on their Judges (the Court of Parliament) Nothing but a War could decide the Controversie, an im∣partial understanding discern between the Offensive and Defensive part.

The Contention grew at first in point of Trust, who should be rather believed for what is promised, the King, rather those about Him whom the Parlia∣ment suspected, or the Parliament it self.

The several Reasons for requiring Trust, are ob∣vious to every mans view who hath observed their several Actions: The Parliament may plead their undertakings cannot be made good, nor the Trust committed to them discharged in that free and just way as they would, because themselves opposed: A Court of Judicature confronted, and by an advers and equal power interrupted in their course of Ju∣stice, must needs abate in their power and efficacy: They have enough to do to detect and defeat the Fraud and Circumventions hourly practised against their place and person; their condition like to the closely besieged in a Town of Garison, who to sub∣sist and maintain themselves, do many things against their natural, just and wonted course.

Friends may be sometimes oppressed and injured, Enemies favored; Justice cannot in perplexed times of danger be dealt with an exact and even poised hand, the Sword hanging ready to fall (like that of Damocles) on each mans head: A cunning Craftsman in dissembling, and secret Enemy to that Court, pri∣vily engaged to supplant the same, may in his very demanding Justice, and expecting by reason of the greatnesse of his place to be hearkned unto, pressing withal their sedulous listening to his Complaints, do it on purpose to divert their thoughts from their care of safety; a small matter in equality of strength, and in a doubtful Conflict, helpeth to some Ad∣vantage.

Many are the exceptions against their Actions; This a certain one, the greatest and most inevitable inconvenience in their proceedings Martial and Ci∣vil,

that some injury must be done, the very Act of War presumes as much; and it is not their fault, it may be their unhappinesse to be served by ill Instru∣ments.

Those Instruments will expect also to be winked at, in that they run the hazard of being censured to be Rebels for their sakes who do imploy them; if not a little winked at, there is danger in these divi∣ding and doubtful times of turning to the advers part, so the Subject is destined as it were to be op∣pressed; And marvel not, saith the wise man, if thou seest oppression of the poor, or a violent perverting of Justice in a Province, and it must be that offences come.

The Miscarriages, Violence and Insolencies done by a few or many particular men, are not to be im∣puted to that Power which Governs them, unlesse done by the Authority and Commission of that Power.

One other unfitnesse may appear in the proceedings of the Parliament, as inevitable as the rest, namely, in that they have in a subordinate way deputed men of a lower rank to execute their Commissions and other Acts in several Counties for raising money, &c. or otherwise for discharging some Trust to them committed; when as themselves the more eminent, the more aimed at by the Enemy, and the nearer to danger, cannot appear with safety to execute the same: Let any man suppose it to be his own case, then he will not blame them for absenting themselves, and substituting others in their room.

Many are the objections in this kinde which beget

Disputes, many accusations had against either part: What the Parliament findes and complains to be practiced in opposition to them by their Enemies, they observe most sensible presumptions for, no one thing in bar to such presumptions, to make up one tittle of compensation in lieu of the dangers which might happen, or to give any the least satisfaction for removing the imminency of the same.

The vulgar and common salve used by His Maje∣sties party, of His passing bills since the Parliament began, for the relief and ease of His Subjects, as a pledge of His Princely goodnesse, and care of His peoples welfare: His often and deep Protestations for the maintenance of the Protestant Religion, and the Fundamental Laws of the Kingdom; yet as matters now are, these Acts of His not compen∣satory to those hostile Acts practiced by His party against His Parliament and people: Besides, those Acts of Parliament passed by His Majesty, are in His and a new Parliaments power to retract or repeal them at pleasure: For let it be granted that they were Acts of Parliament which His Majesty hath thus passed, in that the Members of both Houses at WESTMINSTER are by His party denied to be a Parliament, yet sometimes called [a Parlia∣ment] sometimes [Rebels] there is like to be little stability in what they have enacted, neither is that which is contingent and possible to be altered, to be adjudged compensatory to what is certain and actual.

The difference of times, that they were reputed a Parliament when those Acts passed, but since repu∣ted Rebels; or the distinction into persons, that some

are reserved to be a [Parliament] others [Rebels] will breed a greater confusion, then help to frame an Answer by those of His Majesties party, who ob∣ject this favour of His Majesties passing divers Bills for the welfare of His Subjects, &c. That they may be repealed, altered in part or all, dissolved, or want their vigour in execution, it is probable when the persons who have and are the chief assistants in this War, are the greatest Losers by those Acts recited.

Next, as touching His Protestations, His fre∣quent Declarations of manifesting His intentions, His late actions of Clemency and Pardon shewed to those whom he calls [Rebels] when they were taken prisoners at a late Seige by His Majesty, His releasing and setting them free, when He might have detained and proceeded against them as Traytors and Rebels in the judgement of His party.

These are to be acknowledged indulgent and merciful Acts becoming a just and Christian Prince; yet they may be two wayes understood, First, in relation to the good of His own party, prisoners in the Parliaments power, and in danger to have suffered the like, in case the King should have punished theirs. Secondly, those His Acts of releasing, of His milde using of those His prison∣ers, it is possible might be construed as present Acts of Clemency, to endure only for a time, and that He may be perswaded afterwards to punish them as Rebels: These are times of wit and jealousie, and the same Reasons which have occsioned this War,

even His peoples Jealousies, may continue them without abatement; there is no lesse cause of fears and dangers, His party having tried every way, by traducing the Parliament at home, by attempting to set them at varience with Forraigners abroad, having moved every stone (as the Proverb is) to subdue those whom they term Rebels, no way left untried to take away their power and shadow of power, no means left unassayed, either milde of Inviting, or violent in Affrighting, and those plausible and gratious Acts used, possibly to encrease yet the num∣ber of his party, may cease from a total pardoning, only remitting for a time, until a full Conquest be ob∣tained: And when the Crown is repossest, the Con∣quest fully had, the French Proverb tells us, Que la Coronne unifois prinse oste toute sorte de defaults, i. e. that when the King shall be reinvested to His for∣mer full Power and Regal Dignity, the Parlia∣ment and the power thereof then laid aside and become void; the possessing of the Crown doth as well quit all quarrels and acceptions, and cancels all disputes, as it clears and purifies all manner of defaults, imperfections or exceptions to be made concerning the means, whether fair or foul of gain∣ing the Conquest.

As Jealousies have been the cause of this Con∣tention, so what the cause of Jealousies? The principal and most certain one hath been in matter of fact, namely, the infringing the Subjects Li∣berty, soon after the Petition of Right was granted in full Parliament, to be omitted here, because set forth in several Declarations and Remonstrances.

One, and more universal, was that in the case of Ship-money, which had it not been withstood by a Gen∣tleman of repute (let his Ghost be railed at) and a Parliament soon after summoned, what had become of the Subjects Liberty? If a Writ comes down directed to a Sheriff of a County, he bound by Oath, or fearful of incurring displeasure, in case he refuse to execute the Kings Writ, and having the Posse Comitatus within his Office, what remedy shall the poor Countrey man have, dwelling one hundred, or two hundred miles from the Court, if he refuse, or hath it not to pay, against Imprisonment, or his Goods taken from him by Distresse: Justice hath its boundary, and is circumscribed by Law: Injury and Injustice, like the violent Torrent of an Inunda∣tion over-flowing the Banks and Metes, over∣whelms and drowns; as Decency and Order when bound up by good and wholsom Laws, if disturbed and broken down, falls into Uncertainty, Indiscre∣tion, and becomes Confused: Let men talk of fears and jealousies, and in an Ironical way smile at those whose peculiar care is to prevent and remove the same; no man knows what the Progresse of that wrong had been, had it not been withstood.

The mention whereof seeing so often inculca∣ted in other Writings, can be no pleasing Theme to any Subject; And whereas His Majesty hath con∣fessed and retracted that His Error, being now con∣demned to an utter abolition, ought to be buried in Oblivion; neither doth it become every ordinary Subject to traduce and accuse His Soveraign of In∣justice doing; it comes too near (to what the wise man

expresly forbids) of Cursing the King in their thoughts, as of what the Statute Law provides against.

Only to satisfie one Objection used by some of His Majesties party in His behalf touching the same, Better (say they) the payment thereof should have conti∣nued, then so much blood spilt, such vast Sums of Mo∣ney spent in the maintenance of this War, and the Subject thus impoverished.

The Parliament grants as much, that of two evils the lesser is to be chosen, where of necessity one must happen, as in case of inevitable necessity, that Wisdom and Industry cannot prevent; if otherwise Necessitas non excusat quae potuit esse non necessitas, saith a learned * 1.68 Father of the Church acutely: When the Princes Treasure and Revenue suffice not for the Common good, as when the Realm is invaded, or any notable Rebellion of the Subjects happeneth, such an Invasion or Rebellion as is not procurata not simulata, but vera gravis & manens, He may then by the common opinion of the Civilians impose new Taxes in requiring Aid, although out of a Parlia∣mentary and common way.

The like Objection is made by others of His par∣ty, Better it were that those six Gentlemen Impeached of High Treason should have suffered, their Estates and Po∣steries overthrown and ruined, then to have a Kingdom wasted, other of His Majesties Dominions destroyed, and so many thousands worryed in one anothers blood.

This is surely the rich mans Argument, who by reason of the superfluity and plenty of his Estate, can easily bear the Charge, and is scarce sensible of the Burthen, or that he having a Power and Interest

in his Neighbors Assessing him, is under-rated, and therefore content to pay the Tax, not sticking at the Illegality of the same, he thinks his Hill so sure that he shall never be removed, or his Power so great, that the Laws enacted for the relief of the poor, the number of which must needs multiply by reason of such oppressions, will scarce concern the rich ac∣cording to the Proverb of Neque accipitri, nec milvo tenditur rete.

One and the same Answer serves both Objections: It were better that a man should receive a wound from a stronger then himself, and afterwards to be maimed by him a third or fourth time, after to en∣dure the like or greater Injury; better all this befal him, then to be killed (for so it happens to him, re∣sisting in his own defence) it had been better for him to have endured all those Affronts and wounds, then by repulsing them to lose his life, as the lesse of the two Evils; but where the one might have been a∣voided, no necessity of the other to have happened, the Objection is invalid.

But to the subject of this Contention, multiply∣ing it self into several forms of Difference, the que∣stion hath for the most part been about matter of Fact.

1. What hath been done, what hath been attem∣pted in offence to the Subjects Liberty.

2. Touching the Object and Latitude of Obedi∣ence, what Obedience, and whether all maner of Obedience is due unto the Kings Personal Com∣mands, for the Subject to perform whatsoever He requires.

To the object of Obedience it is a commonly re∣ceived Position, That the King is to be obeyed in all things Lawful and Honest, as before.

The Proposition is proved by the duty of Sub∣jection to the higher Powers, in the first Verse of the Chapter, the limitation shadoweth forth by the duty also of those Powers to take vengeance on the Evil∣doers; for as Tremelius notes on that place, if un∣lawful * 1.69 things be commanded us, we must Answer as Saint Peter doth, It is better to obey God then man.

Unto which, the question touching the Latitude of Obedience hath a reference; for as for those who exact and contend for a greater degree of Obedience, as to have all maner of Obeying, both Active and Passive due unto the Kings personal Commands; doubtlesse all of them have not always thought it so, but enforce such Doctrine now in these Disputa∣tive times, on purpose to make the Kings party the stronger by their strength of Arguing: If the King hath power of Life and Death, as to take His Sub∣jects life in case he obeys Him not in whatsoever he Commandeth; then Nature, Necessity and Law (which allow, yea enjoyn provisionary Acts for safety, and have endued Mankinde with several habiliments for its own defence) seem all to have lost their strength: Besides, whether in such a case as this here recited of the Kings power of Life and Death, if he take away a Subjects life, whether he be not guilty of the breach of the sixth Commandment, I leave to an humble and moderate Divine to judge.

To free the question touching the extent of Uni∣versal Obedience, and close it up with this conclu∣sion,

The Exactors of this unbounded and im∣mence obedience seem to allow unto Kings a greater Latitude and Priviledge of Power, thence, a great∣er of Obedience from their Subjects unto them, then unto God; Hence is the Inference proved by this Enthymeme.

That power is greatest which requires the greater extent of Duty; wherefore if God neither can nor will command any thing unjust, and Kings may both (that is, they both can and have commanded unjust things) If notwithstanding they be to be obeyed both Actively and Passively in whatsoever they do or will command, whether just or unjust, there is by consequence a more Universal Obedience due unto them then unto God.

3. The third question seems to be, whether the Court of Parliament being a Fundamental power, and all Fundamentals equall, all principals alike, having protested the maintenance of the Kings Honor, Person and Estate, may in defence of the King, Laws and Government, when imminently endangered, especially when actually invaded, justifie to take up Arms, with∣out and against the Kings Personal command, if He refuse.

Whether dangers are imminent, is briefly an∣swered.

The Kings party deny the imminency of dan∣ger, they say they are but Phantasms and unnecessary fears &c.

When mischief is neer and threatens, opportu∣nity and power serving withal, it may be termed danger, when 'tis already fallen, 'tis part the

name of danger, and becomes Calamity.

4. The final and casting result of the States judgement, what those Laws, dangers, and means of preservation are, reside in the two Houses of Parliament.

5. The two Houses of Parliament, are alwayes a part in the supremacy of power, and in case of the others ab∣serce or refusal, as matters now stand, Both virtually the whole.

6. In the final resolution of the judgement of the State, the people are to rest, and in obedience thereunto, may in defence of the Laws and Government use and bear Arms.

Not that the Parliaments Votes and Ordinances are in themselves infallible, but to us inevitable; nor do we Idolize them, or Doctor Fern infers, nor think them omnipotent, as His Majesty or some of His party do hyperbolically and smilingly object: Not to possess the Reader with the Dignity & Priviledge of that Court, by transcribing here any ancient or particular passages of contest, which are not va∣luable to justifie the Authority therof, when as par∣ticulars prove not generality in Arguings, such parti∣culars especially as are easily answered; yet whe∣ther the Historian notes it as an evidence of the Earls courage, or of the Parliaments power, the passage is short, and not unfitly quoted of the Earl of Warwick his contest with King Hen. 6. who directing his Privy-Seal for discharging the Earl of his Captain-ship of CALLIS, the Earl re∣fusing continued his office, his reason was, that it was granted him by a Parliament.

Whereto it may be objected, that might be a per∣sonal

contumacy in the Earl, which proves not the Authority of that Court, therefore not binding other Subjects; yet this objection may be replyed unto, that the Earl knew on what ground, and by what judgement his refusing it was granted.

The Court of Parliament is not hereby so adored or prized, nor are they so fond of their own Acts and Ordinances, as to think them absolutely pure and unchangeably perfect, or to derive the blessing of successe on their designs, for the merit of their actions, inuring for the present, either in abrogating ancient or constituting new Acts and Ordinances, which they may retract as occasion shall serve, but to the Justice of their endeavourings, which were they able to make good their proper and total power, they would ere this have termi∣nated and reduced their Acts into established Laws: It is probable that many of those ancient usuages and Constitutions, which they for reasons best known to themselves have for the present altered, will revert and turn them to their former being, without utterly abrogating the same.

To conclude and settle the doubtful and wavering Judgements had, touching the power and Authority of this Court, the aforecited * 1.70 Oracle of Law, hath delivered at large in his fourth Book of Insti∣tutes, who wrote it in a calm and quiet time, when there was no need to defend the Authority thereof.

Besides the preamble to the Statute concerning Parliaments, sets forth and confirms the Power, * 1.71 Authority, and by necessary consequence the Pri∣viledge of that Court, as the only and proper cure of

Grievances, and remedy of Mischiefs in a Common-wealth.

The three first Conclusions are evident by what hath been observed before; the latter of the three is Discoursed at large by a learned Author in his Book Intituled, A more full Answer to Doctor Fern.

But to answer one objection, concerning the taking up of Arms, and that the People take up Arms against their King, which the objectors say, is unlawful under what pretence soever.

If the Question be rightly weighed and stated, it will evidently appear, that this is no taking up Arms against the King, no more then a Chyrurgion doth offend or wrong his Patient, when to recover and preserve the whole body, he cuts and takes away the proud and putrified flesh, encircling and in∣fecting the more eminent and sounder part: And if in this Quarrel the King shall unnecessarily and with hazard to himself against the advice, supplication and importunity of His Subjects, expose Him∣self to danger, Gods protection (being more immedi∣ately seen over his Anointed) is herein crossed, if not tempted; and if it happen otherwise to Him then His Subjects would, His miscarrying is of Himself, or rather from those who perswade Him to it.

The Question which hath cost this blood, is not now betwixt a King governing according to the strict and precise Rules of Law (the measure of each mans Right) and Subjects rebelliously rising up in arms against their King and those Laws, as some men in their gall of bitternes have given out; but betwixt

a King transgressing the known Laws (as Himself confesseth and retracts His Fault) and a Court of Parliament, the Supreme Councel of the Kingdom, endeavoring in a just and legal way to punish and re∣presse Offendors as former Parliaments have done, no other power or force to dispute or emulate a King's; and the matter whereon they quarrel, an actual invasion made on the Fundamental Laws, and a party engaged to imbrace and abet the same, whi∣ther under the notion of Loyalty, or from Humor, Ambition and Levity on the one side, and the Par∣liament with a party adhering unto them, contending to preserve those Laws, with the Subjects Right and Liberty on the other side: For, the controversie is not immediately and principally in the new-sprung Differences about Church or State-Government, as which the more perfect Form in State, Monarchical, Oligarchical, or Aristocratical; which in Church-Government, an Independent, Presbyterial or Episco∣pal; which latter two are not much differing in them∣selves in their Primitive Institution, as anon will be shewed in its proper place: (All these Controver∣sies are emergent only, and resulting out of the occa∣sion of this War, which gives occasion and liberty to all dissentions, and makes every one a fierce com∣batant in maintenance of his own opinion:) But the principal parties are, as before observed, a party who hath actually violated the Laws by which we are go∣verned, and have their partakers; and a party who contend and would preserve the same: The first abetted under the stile of being good Subjects, the latter traduced and inveighed against as Rebels.

What the Laws of this Kingdom, conveyed unto us in these latter times are, under which we are born and governed, is by an ordinary light of study so figured in all mens knowledge, as no man can but consent unto and confesse, That to be the Law which the Court of Parliament doth Enact, (which Court hath power also to Repeal, Dissolve, Alter, or make Perpetual as they please) and that to be a Parliament certainly and definitively, which is the assembling together of the Nobility and Gentry of this Kingdom, lawfully summoned by the King in the prudent and deliberate Counsel of his heart, at such a Time, to such a Place, for Reasons expressed in that His Writ.

What the Power and Priviledge of that Court in general is, is learnedly and industriously set down by the forenamed Author; of what power and stability this is, whither to continue until their work for which they were assembled be finished, or Arbitrarily to be dissolved, the King hath by His own Act defined, in binding Himself not to dissolve without their consent.

Wherefore if He shall alter such Act made and consented unto by Himself during the Session of that Court, in His * 1.72 anger (an Enemy to Counsel, be∣cause He may not conform and rule them) call and divide any part of them from the place where they were first summoned, whither those which stay be∣hinde in the first named place, or those which come away to the last, without respect had to which is the major part, shall be reputed the true Parliament.

Object.And whither that dividing be a dissolving without consent or not, 'tis no dissolving, but a local remo∣ving, in nature of Adjournment, which is peculiar to

a Kings power both to Summon and Adjourn.

Answ. The King, it is confess'd, hath power to Summon, and to Adjourn, as former Kings have done, to other places of the Kingdom, as NORTHAMPTON, OXFORD, WINCHESTER, &c. but such Adjournments have been on special and extraordina∣ry occasions of Plague, some other contagious Dis∣ease, or such like Reason, those towns otherwise in∣competent for such conflux of people as probably may have recourse to the Parliament for their dis∣patch and redresse in their Desires: And whither that Adjournment amounts not to a Dissolving against the Law so consented unto by the King, hereafter.

Besides, observe the difference of Times and Per∣sons, which satisfies the Question: Former Kings have been willing to call often Parliaments, that the Usage and Necessity of often Summoning grew * 1.73 into a Law, and yet in force, to call one every year; when in this of His Majesties Raign, how seldom and sparingly He hath called any.

And when He hath, as He did in the first year of His Raign to begin in June, it continued unto July, and Adjourned until August following, and but few Acts passed before it ended: In these last years, the Parliament, at the importunity and humble Re∣quest * 1.74 of divers the Nobility, and a valuable num∣ber of the Gentry, the King summoned in April 1640. how soon He dissolved the same, the begin∣ning of May following.

Then he called another in November after, in which for their more firm and constant proceedings in their Affairs, and to the end that being come and met to∣gether

from the several parts of the Kingdom, they should not upon every light matter of Debate be dissolved and remitted home, His Majesty was pleased to passe an Act against Dissolving without their own consent; how soon after their sitting and that Act passed, their Priviledges were seized, by charging several Members of either House of High Treason.

Which when that could not take effect, nor their persons seized, the King withdraws Himself (ad∣vised thereto) from the Parliament and their place of sitting, thereby to make void their Court, where∣of His Majesty one part, yet His personal presence in this case not so requisite, as that His absence should make void the Parliament.

The Parliament consisting of three Estates, King, Lords and Commons, if the King be a necessary and constitutive part, without which there can be no Par∣liament, as those of His party contend to have it so, His removing from the other parts amounts to a dis∣solving, contrary to a Law consented unto by His Majesty; wherefore it were a greater degree of un∣dutifulnesse in any Subject to think that the King would violate that Law, then that His Power and Vertue being there, His Person should be so requi∣site, as that the absence of His Person should adnul and make it no Parliament: The person it self being severed from its Office and Vertue is a thing inani∣mate: The distinction into a voluntary and necessi∣tated absence, or that the Kings presence shall make it compleat, His absence an incompleat Parlia∣ment, abates not the force of that Law, nor serves

to make whole the difference, unlesse there be such a condition or limitation in the * 1.75 Act.

Which the proper and true Parliament is, that summoned and resident at WESTMINSTER, or that removed by a latter summons, as before ex∣pressed, to OXFORD; which Question, together with the perverse and proud obstinacy of an en∣gaged and desperate party, though throughly con∣vinced of the truth thereof, hath cost much blood.

The King and His party at OXFORD do re∣solve it truly; Again, He or His parties instability of Actions, do seem to renew the doubt, certainly do wound their own Cause: For whilest His Majesty often and of late calls the Assembly at WEST∣MINSTER [The Parliament] and the Assembly at OXFORD by one and the * 1.76 same stile, and that two Parliaments are inconsistent at one and the same time in this Kingdom, the people unlesse wilful∣ly and perversly ignorant, are not to seek which is the proper Parliament.

Here by the way, the OXFORD Mercury seem∣ing to subjoyn, in some ways, to the Declaration printed there, with a plausible Frontispiece of A De∣claration tending to Peace, rather Refutes that Book, and deals more plainly and ingenuously, upon the matter of a Peace offering from His party there, and moving a strong cause of Jealousie against a truly intended Peace, as is before expressed.

Now to examine the several Passages and Tracts of that Book, Intituled, A Declaration tending to Peace;

whither or no it ministereth matter of Peace, as the title doth insinuate, or further Quarrel: For first, they can say little for themselves to justifie their assembling, as to a Parliament, for the enacting and constituting Laws, but what is ordinary and easie to be answered: They lay aspersions on some mis∣fezance and Errors in their fellow Members: So great a body could not well be free from failings; they accuse the whole body of Parliament of High Misdemeanors, of High Treason, of disturbing the publique Peace of the Kingdom, of promoting and fo∣menting an horrid War, and who to be judge thereof but themselves, the Accusers?

The Parliament by an ancient Law in force, is the sole Interpreter in matters of this doubt and con∣sequence: * 1.77 and themselves at OXFORD, do not assume the Title and Power of a Parliament, when as they acknowledge in the same Declaration, ther fellow * 1.78 Members sitting now at WESTMINSTER, to be so material a part of Parliament, that if they them∣selves at OXFORD might have enjoyed their free∣dom without being forced, their sitting at WEST∣MINSTER to have been a full and free Convention and a Parliament.

The formal part of a Parliament in the Kings summoning them by Writ, at such a time, to such a place, to debate the Affairs of the King and King∣dom: This being granted, and the Parliament at WESTMINSTER thus met, what is wanting then to make it a full and free Parliament?

As to their want of freedom due to the Members of a Parliament, and forced, as they urge, from those assem∣bled

now at OXFORD, when they sate at WEST∣MINSTER: Forced they could not be, force is a fruit of power, and deparibus in pares non datur potestas, solicited and strongly wrought upon they might be according to their several tempers: They accuse themselves, and abate much of that courage required in Parliament Members, when they complain they were forced: fellow Peers can∣not enforce each other, without a previous disposi∣tion and compliance in those who are forced, to be forced.

If any force, and the same not offered by an higher power, it might be in a close and clancular way by Proxies and Solicitors, they know where the power rests of Punishing and Pardoning: Pro∣scriptions and Proclamations are Acts of Power, no strength in equals to work a force.

Besides, how cometh to passe that those at OX∣FORD * 1.79 contending by the enumeration of those lately dead at WESTMINSTER, or else de∣parted from their fellow-Members; thence to make them a few and inconsiderable part, themselves the great∣er and more valuable number, should be forced by those at WESTMINSTER being the lesse.

One other kinde of force is urged, of sitting at un-Parliamentory * 1.80 hours, or else to lose their Vote.

There must be (to answer the other Member of of this distinction) some Parliamentory hours ap∣pointed, which no Laws hath yet assigned, sitting still, or going away relates, commonly to the necessity and exigent of the matter in hand, which

haply will not admit delay or a second meeting, but may require their sitting up till ten, eleven, or twelve a clock in the night, and may again their meeting at six, five, or four, or soon∣er in the morning; If they please to abate so much of their own repose and rest, by their pains and In∣dustry, their Countrey is so much the more behold∣ing to them; many of the Countries have in their * 1.81 Petiti∣ons taken notice of, and thanked them for their indefati∣gable pains.

The reason of the small number at WEST∣MINSTER, wherewith the Assembly at OX∣FORD chargeth them, is obvious to each mans understanding; They make them thin, and then upbraid them with their thinnesse: Tis as if Friends and Companions in a Journey shall see their fellow Travellers in danger to be robbed, and ride away without assisting them in danger, whose fault is it in case they are robbed, the failing of those who might have helped, or the paucity of those who are robbed? this in respect of the other is a remote, least principal and accidental cause.

Tis easie for a Prince to confer Honors upon men, so to fill the House of Peers, divers wayes also to increase the number in the House of Commons to His party; but for the one party to make the other thin, and then to undervalue the power of them becoming so, is like one impoverishing another by forsaking him in those duties of friendship which he owes, and then contemning him.

The next odds observed by the Assembly at OXFORD, between the Parliament at WEST∣MINSTER

and themselves, is the Kings presence with them at OXFORD, and a major part of the Lords, therefore out-weighing the Dignity of those at WESTMINSTER.

Which exception, as to the Kings being there, is answered by the Law of not Dissolving, or by His Ma∣jesties being Virtually, although not Personally pre∣sent.

In that the greater part of the Nobility are with the King, His party therefore the more Honored, 'tis answered without Disputing the Dignity or Pre∣eminence of either part, as which the more valuable in Birth or Breeding, those which went away, or those which staid behinde; Comparisons are un∣seemly, and forbid what this Discourse doth aim at [Reconcilement, Union.]

It was not so at the first entrance into this Quarrel, the King withdrawing Himself from the Parlia∣ment, many of the Peers thought themselves by duty of their place obliged to attend on His Majesty, and might have power (it is like) to prevail with some other of their fellow-Peers: Besides, the No∣bility are to be considered as in the next Classe and Attendant on His Majesty, some by their place, others more remotely Interested; wherefore seeing Safety and Preferment are the Stake which most men of all sorts contend for (let the World be made believe it is Conscience, Loyalty) the King the Fountain of Honor, in whom to Reward and Pardon; they who are nearest Him hope first to gain by ap∣plying themselves to serve and please Him.

All men know the Proverb, No fishing to the Sea,

nor service to the Court, which was only in those days true, when a just and uninterrupted Peace did flou∣rish, no man but could perceive through the Pro∣spect of this Discord, that Peace, Plenty, and Libe∣rality in Rewarding would all be lost in a Civil De∣structive War.

The Question was at the first much controverted, which the more just or rightful Cause, the Kings, or the Parliaments divided from the King? Many of the Grandees adhering to the Court, and more Loy∣al in an implicite faith, adhered to the Kings; no more marvel, then that Servants immediatly attend∣ant on their Master, should venture their obedience and assent unto him because their Master, without examining the Reason of so assenting, and then en∣gaged, pursue their undertakings, or be meanly thought of in case they shall renounce the same, the credit whereof is discerned in the quality of the Cause undertaken, not in the resolvednesse of the Servant undertaking it.

Princes can and often do reward their Friends and Favorites; the Parliament cannot or seldom doth, it is besides their usual course to give, besides their Friends expectance to receive other Salary then the redemption of their just Liberties, for which they fight, the maintenance of their ancient Birth-right, conveyed unto them by the known Laws, saving in some few particular cases, where the Parliament shall meet with a desperately engaged and restlesse Enemy of great Power and Estate to fight and foment the Quarrel against; on the other side, some Friends Eminent in Desert, of smaller Fortunes to fight for

them; In such a case, to disseize their Enemy, to di∣minish his power, to invest and gratifie their Friend to augment his Fortune, seems not unjust, nor unrea∣sonable. But to return.

The distinction of Virtual and Personal seems of∣fensive, yea the Declaration calls it Trayterous, which no indifferent man will judge, until Victory (by na∣ture insolent) makes every thing displeasing to the Conqueror, Criminal: As when those on the Kings side hoped to have over-run and conquered all, no man wishing well to the Parliament, durst name them joyntly; whereas simply and univocally to hold for King and Parliament is the surest and most Loyal tenure: Howbeit nothing can be with more anger and displeasingly received by the more perverse and insolent amongst His Majesties party, then for them to hear those on the Parliaments side say that [They are for the King and Parliament] So the Quarrel hath several overtures of increasing, the Parliament party taking it indignly at the Kings par∣ty's hands to be thought Disloyal, False, Dissem∣blers, as the King's expresse their anger with the Parliaments, for saying [They are for King and Par∣liament.]

To believe or say that the King is seduced by evil Councel, is in their heat and anger a wounding His Majesty through His Councels sides, which exception of theirs must render Him infallible in judgement, or so singular in wisdom, as to be above, or to stand in no need of Councel (for if he makes use of Councel, and erres by their Advice, the Error is His Coun∣cels) or must presume in Him such transcendency of

Goodnesse, in not inclining to any evil motion, as is not competent to a Creature: An impartial looker on will rather judge the words of His Majesties being se∣duced by Evil Councel, to be a degree rather of Duti∣fulnesse then Disloyalty, as freeing Him from Mis∣doings, and laying the Charge on His Evil Coun∣cellors, His Majesty is happier if free from these, stiled by another * 1.82 name then His Predecessors were: Neither can any man reasonably think that there is so strict an Unity, so near a co-incidency betwixt His Majesty and those His Councel whom the Par∣liament suspects, betwixt His thoughts and inclina∣tions to a Peace to be concluded on fit and just terms, and that His Councels Desires and Resolutions for such a Peace as may best serve their own and their parties turn; but that His Subjects may most truly, with much Loyalty, and without wounding Him through His Councels sides, believe and say [The King having been seduced by Evil Councel, hath done that which otherwise he would not.]

2. To assist the Parliament, to resist in a mans own defence, and to adhere to such a power as can protect him, is Rebellion.

For Neighboring Towns or Countreys to joyn in a mutual Defence and League against any Force which may infest; howbeit Nature and Necessity do allow defensive and provisionary Acts for safety, 'tis wrested otherwise now, and termed [Disaffecti∣onate, Disloyal, and adjudged offensive.]

3. To distinguish betwixt the King, His Kingly Office, and His person, Trayterous: A man in Office is distinguished from what he is in person, yet no

fault or misterming in the distinguisher: If A. B. High Constable of an Hundred set an Affrayer by the heels, he doth it as High Constable, not as he is A. B. If the Lord Chief Justice E. F. being Judge of Assize and Condemn a Fellon, he doth it not in his personal capacity as he is E. F. but as he is Judge of Assize: And although there may seem to be a nearer Unity between a King (who is Natus Rex) His Of∣fice and His person, then there is betwixt a Judge (who is Datus, or factus Judex) his Office and his person; yet the distinction may be admitted to the King without being Treason.

4. Amongst other Misdemeanors to be exhibited against the Subject, the very * 1.83 abode in, or repair∣ing to any Town or City, after His Majesty had made known His Displeasure against the same, is reckoned Disaffection; howbeit, many being threatned from their Duty, and driven from their homes by the rudenesse and violence of Souldiers, had no other place of succour for their Protection, then in those places excepted against by His Maje∣sties Proclamations; So the place, and persons re∣sorting to the place, lie under the penalty of Dis∣pleasure: In which the chief City of the Kingdom seems in the accusers eye to be most disloyal; En∣joying yet by Gods mercy (to his Glory and their happinesse be it spoken) notwithstanding the place populous, the times contagious and miserable else∣where; a deliverance from the ficknesse, besides the Blessing of Peace vouchsafed thereto for their Humanity in harboring the stranger and oppressed, in that amidst the Calamities of Plague and War,

they are free from the Pestilence that walks in dark∣ness, and from the sickness that destroyeth in the noon day, that a thousand fall beside them, and ten thousand at their right hand, but it comes not nigh them.

Summarily, if all matters else of Jealousie and Debate were fitted for a Treaty, the very Argu∣ment concerning what is Treason, what Disloyalty, were enough to renew the Contention, some so pretendingly fond of the Kings Honor, as to make his power swell immencely above the Laws and beyond all other Kings, some amongst the peo∣ple so advers to the King, as to deny Him the just power and Soveraignty of a Prince.

There are no question zealous and good desires in many of either party, for the maintenance of Justice and the Laws: Howbeit, the execution of their desires be respited, until the prevailing part have gained power to make good the same, so there may be also a mistaking and a fault in ei∣ther part.

In some well wishing to the Parliament, who frame and finde out causelesse Jealousies, on pur∣pose to divide the King from His friends, as that common and slightest among the rest, of Prince Rupert and Prince Maurice ayming at the Crown of England; When His Majesty hath a nu∣merous Issue of His own, in possibility of more, the two Princes, an elder an Illustrious Brother.

Others wishing well to the Kings party, of the like dividing spirit, contending to have the Nobi∣lity and Gentry of this Kingdom think, that the Yeomanry and Commonalty frame hopes to them∣selves

of mateing the Gentry in an equal ranke; These sinister contemplations (of some disaffected and discontented persons) are invented on purpose to sever and divide the mutual concurrency of the Gentry with the Commonalty in a proportionable aiding one another; How frivolous it is, all men may guesse, when as the Parliament Members of both Houses are Lords and Gentlemen themselves, a Bulwark strong enough to retard and provide a∣gainst any such incroaching thoughts of Parity: If any such there be (believing these Inventions) there needs no other Argument to evince such sinister suppositions.

Many the like Jealousies and obstacles to Peace on foot, which the Court of Parliament do sea∣sonably apprehend.

The Assembly at OXFORD seem the first offer∣ers of an Accommodation for Peace.

But when they set forth Declarations with the fair frontispiece of Declarations tending to Peace, and in those writings accuse their fellow-Members (with whom they endeavor to possesse the world they contend for Peace) of refusing and disturbing * 1.84 Peace, of being Traytors and Promoters of this horrid War, and charge them in those writings, or in some of His Majesties Declarations, with scoffing the King in their Messages sent unto Him, (a Crime, if they be guilty of, most heynous and undutiful) these Accusations of upbraiding their fellow-Members, may be an outward offering, but no inward or real promoteing of a Peace.

They have deserted their fellow-Members in

Parliament, and in that a chief Trust reposed in them, their very departure without License from the Parliament was heretofore adjudged * 1.85 penal; to depart, to contrive and wage War a∣gainst their fellow-Members in Parlia∣ment, heightens the offence, as it credits the mercy of their * 1.86 Forgivers, in not taking a severe and strict accompt of In∣flicting a condign censure on the offen∣dors.

To correct and sweeten the Malady thereof, something must be published, nothing more acceptable then the name of Peace, but on what terms more then the name of peace in a general word, they do not declare: A condiscending must be had as well as a meeting for peace, & those ought to condiscend who are the most certain & first Transgressors.

In the Act of offering a Treaty for Peace, to invent new charges of high Treason, of capital Misdemeanors, of Injustice, is no right way to Peace, unlesse the persons charged are guilty of the same, as namely, they charge the Parliament or their Committees, to have imprisoned two Lords for their Loyalty to the King, as if their Loyalty were the unquestionable and certain cause of their Imprisonment.

These Lords might happily shew themselves active against and disobedient to the Parliaments Authority (for in these unsetled and distracted times, few men do, others will not know their proper duty) and so come within the compasse of some

fault to deserve Imprisonment.

The High Treason whereof they accuse their fellow-Members, is their counterfeiting the Great Seal * 1.87 against the Statute of 25. Edw. 3. which whether in this case be to be understood High Treason, the Sword must decide the Question.

The Parliament think themselves not guilty of that Crime by the Verdict of most men, nor every thing made to the Mould by which it is made, is not simply Counterfeiting; the quality of the offence is much discerned in the maner of the offending, and every Law-making commonly relates to some pre∣terite fraud and wickednesse: Now whether a King and a Parliament since the first constitution of either, have heretofore made use of the Great Seal to crosse one anothers Acts, be to be found in any Re∣cord whereon to ground a Law, the Reader is to seek.

Amongst all the capital Misdemeanors amounting to High Treason recited in that Statute, the Parlia∣ment making a new Seal, being not done against the knowledge of the King and State, seems not within the compasse of that Law, which in that clause doth questionlesse intend the privy and surreptitious coun∣terfeiting to the private Use and Benefit of the Counterfeiter: And whereas in that Statute there may be divers doubtful cases of Treason deter∣minable, it is then and there accorded, That if any other case supposed Treason, which is not specified in * 1.88 that Statute, shall come before any Justices, they shall tarry without giving Judgement of the Treason, until the cause shall be shewed and declared before the King and

Parliament, whether it ought to be so adjudged or not.

In which determination the King and Parliament are presumed joyntly to Act; if dividedly, then who to judge, the King seclusively without the Parliament, or the Parliament without the King? which, if divided, most likely to give a clear and dexterous judgement, the King or the Parliament? Those words [The King & Parliament] cannot be un∣derstood of the Kings Councel and the Parliament, it must be of the King himself; in which, as Trea∣son is here objected to the Parliament, the Parlia∣ment is excluded from any decisive power of being Judge what is Treason, and pronounced guilty them∣selves of Treason.

The marginal Note, if in that as in other places of * 1.89 the Statute it sums up the sense of the Statute, dispu∣teth many Questions touching Treason to be first decided in Parliament, leaving out the word [King] or presuming, as is before observed, that He is al∣ways there in person or in vertue.

Take the Accusers (the Assembly at OXFORD) * 1.90 their own acknowledgement, That the Parliament is * 1.91 not Dissolved, that they are far from Dissolving, or at∣tempting to Dissolve it: Take His Majesties own con∣fessing and allowing to the Parliament a power in a particular doubtful case regularly brought before them, to declare what Law, consequently what Trea∣son is; and the making a new Great Seal, the old be∣ing contrary to Trust vafrously carried away from them (the Representative Body of the State, which the Seal is always to attend) will not be adjudged a case of High Treason.

In the controverting this particular case, as of the other Crimes charged on the Parliament, and the Subjects of this Kingdom adhering thereunto, the people may well be to seek, when as the learned Sa∣ges and other Students of the * 1.92 Phrontisteries of Law and Justice seem to be divided in opinion, some ve∣ry active, as being peradventure engaged for the King against the Parliament, contending with all their might to make good the charge of Treason laid upon that Court, and the Friends assisting them: Others (in the Parliaments account, and questionless their Friends) as earnest, although more moderatly expressing it, for the King and Parliament, believe it to be no way Treason.

Which are greater numbers of them on the one side or the other, or which the more able Lawyers is not here determined: But to the Objection (if any such) That a greater number of them are within the Ju∣risdiction of the Parliament, in LONDON and other places elswhere, wherefore they may seem rather to side with that power. The Answer is easily had, That their hopes and possibility of being prefer'd by His Majesty, were not Conscience & Judgement valued by them above Reward or Honor, were a more weighty motive then fear can be of displeasing that side in whose Quarters they are, which cannot always protect, much lesse gratifie them, save only with the testimony of what they deserve, answerable to their Breeding, Knowledge, and liberal Faculty.

One of the learnedst of that Tribe in those days wherein he lived, and much Honored for his parts and industry, wrote a whole Tractate for the

Dignity and Priviledge of that Court in general: How this in particular hath demeaned themselves to forfeit their Credit any other way then in mainte∣nance of their power against oppression, violence, offered to themselves and the Subjects for whom they are entrusted, future Ages can Record. But to proceed.

In the same Declaration full of suspition, and fraught with quarrelling, the Assembly at OX∣FORD except against the words of a Message sent from the Lords and Commons to His Majesty, Da∣ted in the same year, March 1643. viz. That His Majesty would not be the least or last Sufferer; These words they throughly scanned, and pre∣sented them to the world as terms of an * 1.93 high Affront, as that Subjects, or Re∣bels ('tis all one in their Dialect) in arms against their King should dare to send unto Him such a daring and presumptuous Message.

The words admit a two-fold sense, the one, of the Parliaments meaning (as the Assembly at OX∣FORD seem to construe it) the other more proba∣bly of their lamenting and foreseeing in their sadnesse and grief of heart, the inevitable and universal ruine which must attend this War.

For that, His Majesty cannot be the least Sufferer, 'tis too probable; whose sufferings can be compared to His? in the destruction of many thousands of His people, as well in the greatest and dearest to Him, as in the meaner sort, in all whom consists His Safety.

This exception, above the rest, was in these sad and suspitious times, unseasonably moved by His

party; for they having conplained of late of ex∣traordinary wrongs and losses befaln His Majesty, His Treasure and Revenues denyed unto Him, His Houses and Castles spoyled, His Woods cut down and wasted, &c. It will now be feared, That to repair and make whole those losses, His Subjects Estates and Lands must satisfie, & most mens demeanor questioned when He shall have totally Conquered, His peoples faults and negligences set out to the full, to render the owners culpable, or else His Majesty cannot but be the greatest Sufferer.

Nor to be the last, no man can think His Majesty will survive the losse of all His people; a good Subjects Prayer ought to be, with a small insertion in the Poets addresse to his Maecenas, Serus in caelum redeat, &c. serus é terra, then in caelum redeat diu{que} laeto fruatur nomine; And if it were possible, without insolency to wish that many days may be yet added to those of His which God hath numbred, to the end, that He may live to see a new Generation spring up of stout and constant English Hearts to succeed in the room of those whom this unnatural War hath wasted.

But these exceptions moved by the Assembly at OXFORD, of too curious and suspitious spirit, are proposterous to the pursuit of Peace, their Im∣putations of Treason and the like Crimes, to render their fellow-Members sitting at WESTMIN∣STER odious to their fellow Subjects, are no fit preparatives to Peace, nor their calling the Parlia∣ments Intentions, so deeply protested to be real, [Counterfeit.]

Neither is this Contention by the Sword alone, but by the Pen, on which side, whither on the Kings or the Parliaments, the Arguers in print touching the subject of this War since it first began, have wrote the more solidly and rationally concerning it, which have more candidly and succinctly without railing or expatiating terms set down the Arguments, the Reader is to compare the difference and judge.

For Rhetorique and strength of Wit, or for a sub∣limate and fine stile of Expression, the Assembly at OXFORD, as having the more youthful, facere and nimble Wits in their party and Quarters, the help and influence of the pregnant conceits, and nimble Fancies in the University there, may seem to have the start: But let the Writings on both sides be examined according to Reason and Judgement, and the Reader will judge the difference: Let it be in∣stanced in three or four the most remarkable Messa∣ges in Writing, and the Answers thereunto, no other being so opposite to each other as these here men∣tioned.

First, The Letter to the Governor and Counsel of * 1.94 War at BRISTOL from the Lord General of His Majesties Forces, demanding a forbearing of putting to death the two Citizens there, with the Governors Answer thereunto.

The Answer is for-judged already, and the Rea∣der saved his pains of judging it, by being termed by the Kings party [The Governors * 1.95 insolent Answer] when as it is adjudged by other more impartial Rea∣ders, to be a well weighed, apposite & sober Answer.

Secondly, That for the Marques of Argyle and Sir

William Armyne, (the Commissioners from both Kingdoms) fully and in few words delivering their * 1.96 Intentions and Reasons thereof to Sir Thomas Glen∣ham a Commander in chief in His Majesties Army, with His Answer unto them, full also of words and of suspition.

Which in a Treaty sincerely meant should be left out, and the Objections answered with Reason and Judgement; no perverting or wresting of the sense against the Authors meaning, no total and universal dislike had by His Majesties party to every thing which the Parliament shall declare or do: And it is requisite withal, that the matter of a Treaty to be di∣sputed to and fro should have an equal and free pas∣sage and reciprocal intercourse, which the Parliament judgeth to be denyed to them sitting at WEST∣MINSTER, that when Declarations have been published and set forth against them, they are by His Majesties Proclamation, inhibiting all Trade and Traffique thither, denyed their reasonable Answer to be likewise published, so they cannot be heard, nor set forth to the world what they can say in defence of themselves; so the Accusations from the one side (His Majesties party) are bitter, concluding and of∣fensive, whatsoever the War is, and their Challenges in print not to be answered by their fellow-Members for the reason above recited.

One other intercourse of Messages between both parties of a latter time, this April, the Summons sent by the Committee of both Kingdoms to the Lord Bellasis Governor of NEWARK, for surrendring that Town and Fort, the Summons expressing per∣swasive

and important Motives to surrender.

* 1.97 The Governor his Secretary's Answer full of good Language, Courage, and strength of Wit, wherein mentioning His Majesties Letter sent the 23 of March last past unto both Houses of Parliament, he urges the Kings most gracious conditions, in that He will disband His Forces; dismantle His Garisons; The Secretary recites not all the Kings proposals, of ha∣ving His Friends pardoned, the Sequestrations taken from their Estates: Either the Secretary saw not the Kings whole Letter, whereof he recites one part only, or else he smiles in his sleeve, thinking by his short Comment on the Letter to satisfie the Committee there, and the whole Kingdom besides.

His Majesties Letter is full and genuine in its mean∣ing, to be taken collectively, not apart, as of disband∣ing, dismantling, &c. without pardoning, &c. and such collective maner of speaking is alwayes condi∣tional, the one to be done on the one, if the rest be performed on the other side; The Secretaries reci∣ting them is short of His Majesties meaning, and mentions it as the Tempter in the Gospel tels our Saviour, All these will I give thee, which was as much as his eye could behold, but on what condition? If Christ would fall down and worship him: The condition which he annexes to his promise, annihilates the gift; The conditions which the Secretary cals [Gracious] in His Majesties Letter of disbanding His Forces, &c. if nothing else were to be expected, are in every mans judgement as in the Secretaries, most gracious: But to have His Friends, His party pardoned, the Seque∣strations wholly taken off from their Estates, were to

put them whom the Parliament accounteth offendors and their Enemies, into a better condition then their own Friends: The Secretary, if knowing His Maje∣sties whole Letter, and would contract it into parts, reciting that only which serves his turn, the Com∣mittee being presumed to be solid and able men will follow their own Judgement without replying to that Answer.

This sophisticate and defective manner of Argu∣ings abates the merit of their cause, and might make them unlesse better armed with Reasons, incapable of a solid and sincere Treating with their opposites.

But in that a not entertaining of a Treaty hath been charged on the Parliament, and therefore they are named The Refusers and Disturbers of Peace, a Reason may be given if they be justly charged, that if they do not at every beck send and imploy their fellow-Members, the reason of their forbearing may relate to their small number, whereby the Assembly at OXFORD upbraideth them; For in that there be but a few Peers left to assist their fellow-Peers, they cannot spare a competent number out of a few, those few also it may be feared in danger of being by de∣grees tempted, either secretly to comply with the party tempting them, if not to be wrought off, yet to make them lesse zealous and constant to their own party.

The various wayes of tempting are not unknown, and it is much, that neither the fair promisings, nor angry threatnings have more generally wrought.

In this continued course of their Accusings, which they print at OXFORD and set forth to the pub∣lique

view, to possesse the world with the Justice of their Cause, the Injustice of their Adversaries, a Trea∣ty notwithstanding is proposed for the composure of these differences, for the setling a firm and happy Peace, Commissioners appointed on either part, and a place named for the dispatch thereof.

How the Treaty was carryed, an OXFORD * 1.98 Writer hath undertaken to state it truly, which he might more easily, then the Commissioners deputed to the businesse could carve out even terms whereon to ground a Peace, when as there must be in every Quarrel one offending part, one suffering more or lesse, yet both seem willing by their meeting to con∣clude a Peace, each party, the Kings, the Parliaments, could not but discern the War would prove charge∣able to the Subject, the payments for maintaining it prove irksome unto all, that many of their Friends would grow weary and fall off upon every light occasion or surmise of their being grieved and taxed with payments, in case the War should last long, they having no other reward of their Assistance, but the uncertain event of a hoped for Peace.

That other of their Friends, to avoid the miseries of a Civil War in this Kingdom, would transplant themselves, transport their Estates beyond Sea.

That there may be many Motives to desist from farther contending for the requiring an Accord and Peace, many revolutions and vicissitudes of successe in War: Prosperous begets Security, keeps off a far∣ther pursuit of Concurrency and Assistance, as if the victory were already had and the War ended; Advers breeds Discouragement in the common Souldier,

especially in a Civil War, where they are inconstant to their own party, and many of them ignorant of what they fight for.

Besides, in the managing of an Army there be ma∣ny Contingencies and crosse Accidents to impair their strength, Commanders may want Fidelity, common Souldiers pay or victual, few or none an ex∣cuse to leave off the Service; the War, the longer it continues, the more implacable and fierce the En∣mity, and that Friends do fall by the Sword as well as Enemies.

Each party might be unwilling to put it to the haz∣zard of a total Conquest by the Sword, the contests about which could not but bring forth a total ruine, and in the pursuit thereof, the more the Conquering party shall prevail, the more subject they are to divide and contend within themselves, Victory being by na∣ture * 1.99 proud, and by pride Contention cometh, and the more potent and stout the Conquered party hath been, the more prone to pride the Conquering will be.

That the War would not be alwayes doubtful∣ly carried, but that one side would sometimes have the upper hand, and which side should begin to have the prevailing power, must to continue and maintain that power do many things harsh, Irk∣some, and detrimental to the Subject, as levying and imposing Taxes, forcing the people even to the provoking & displeasing of those who were not their Enemies, withal that the weaker and more conquered party having lost their strength, whether through Gods Judgement upon the injustice of their Cause,

or for some humane and more visible reasons, would notwithstanding try all wayes, and leave none unassayed to reinforce their strength (the thirst∣ing after Conquest being so extream and vehement) either in plotting wicked, or contriving fained and false pretexts, that what honest and good means could not, false and hellish must, according to that desperate resolve of the Wretch in the Poet, Flectere si nequeant superos Acheronta movebunt, not caring though their wicked Machinations and at∣tempts adde yet to the filling up the vials of Gods Wrath upon this Nation wherein they live.

These and the like considerations necessarily to have been foreseen, might have moved against the wageing of a War at first, much more against the continuing this War; these and the Arguments a∣bove recited might after the effusion of much blood move to treat to prevent the shedding more.

A Treaty hath been agreed upon, and PROPOSI∣TIONS suited whereon to Treat, the one side real and sincere to conclude a Peace, exposed to the Publique view, nothing to be objected against the reality of their meaning: If on the other side there were re∣servations of fraud, and a pretence only of Peace, set forth to gain advantage by (as there be presum∣ptions to prove the same) the pretenders can answer for themselves: All ways are honest, and fraud and falshood are vertues in Adversaries to Rebellion, contending to subdue and scatter Rebels: Peace is a pledge of Friendship, and Friendship hath no other terms of intercourse then goodness, as that there can∣not be just * 1.100 friendship had betwixt a good Subject and a

Rebel, no more then between an honest & a leud man.

These Arguments of excusing this fraud may please and satisfie the party framing them, and whe∣ther the Parliament and their Assistants in this War be Rebels, needs no farther Treatise.

But to the PROPOSITIONS whereon the Treaty was to work, and the Difference between those sent by the King, and those sent by the Parliament.

Those that His Majesty insists upon are three;

• 1. Church-Government by Episcopacy.
• 2. Lyturgy and Common-Prayer Book.
• 3. The Clergy to enjoy for a time their several Livings.

All which are matters of Form, accidental and pri∣vate concernment in respect of what the Parliament demands, necessary for the Publique good: namely,

The Protestant Religion.

The Businesse concerning IRELAND.

The Militia, the security of the whole.

So the Contention, rather the mistake grows about granting or refusing these, betwixt the sub∣ject of which two demands, there cannot be so great a difference as betwixt natural humanity to spare from killing, and unnatural cruelty to persist in killing, or so important, as that Peace and War should depend thereupon, which if the demands on either side were granted by the other, might haply have determined into Peace.

The reason for demanding on the one side, as for re∣fusing on the other are too tedious for this Discourse.

The OXFORD Relator hath by a large Dis∣course, taken pains to satisfie the world, of the

justice of their own demands, the Parliaments ex∣perience and wisdom in the transaction of matters incident to this Quarrel, declares the reason for their demands here to be insisted on.

To the first, that is to say the Protestant Religion, exercised rather in Manners and Doctrine then in Church discipline, comprehends and secures the second [the businesse concerning IRELAND] for unlesse a discreet and saving hand be had in re∣ducing, as of Governing that Kingdom, and managed by a most choise wisdom, the increase of the Papists and Rebels there, will endanger the subversion of the first [the Protestant Religion] so these two first PROPOSITONS demanded on the Parlia∣ments part, having a mutual connexion and depen∣cy, seem to attract each other in the maintenance of justice and the Subjects Right, Religion being the ground of justice as justice is of Peace.

In matter of Church-Discipline or in the forms of * 1.101 Divine Worship, that which His Majesty demands of Episcopal Government, differs little from what the Parliament doth intend of Presbyterial, Bishops and Presbyters in their primitive Institution being all one.

In the Forms of Divine Worship, the Directory injoyned by the Parliament not really differing in the material parts thereof from the Common-Prayer-Book required by the King, onely the one expugning for the present, what the other doth contain; That being more painful to the Minister, not more declaring his Abilities; This the more easie as being dictated unto him: either may be of use, either behoofful to the Auditory, as meeting with all the necessities, and deprecating the contingency of all afflictions incident to man-kinde, the Common-Prayer-Book compiled by sound and learned Di∣vines, and accordingly ordained by an ancient Law, the Directory framed by the like learned men, and Ordained by a Modern Authority to be made use of for the present season, or so long as Authority shall think good; But that which abates the value of this, is the weaknesse of the Argument in the defender thereof, preferring it therefore be∣fore the Common-Prayer, because the use of the Directory sets forth the gifts and Abilities of the Preacher beyond his reading or exercise of Com∣mon-Prayer, which is digested already into a Form, when as that rather denotes the best Abili∣ties and parts of Schollership in point of Science, Study, Judgement, which is able to perform the hardest work, to dispence Gods Mysteries aright, to set them forth in a hansome and polite stile, the power of the spirit is no whit checked or blemished by an eloquent expression, to raise and apply sound Doctrine, winning the Attention and edifying the hearer, is harder then to conceive and utter Prayer.

One other reason for using the Directory is, that seeing we and the Scots are United by a Solemn League and Brotherhood, and they not using the Lyturgy of our Church, we should therefore ab∣stain from using the same.

Answ. They and we are born and Governed under dif∣ferent and distinct Laws, their Manners and Cu∣stoms differ much from ours; The Union betwixt the Nations will serve for support & aid of both, be∣ing under one and the same Dominion in case of either infested by an enemy, but for the same numeri∣cal Form of Divine Worship, to be performed after the self same kinde, this Arguing seems rather an Illustration then a proof.

God is an uncircumscribed and incomprehensible Spirit, to be Worshipped in truth and spirit, he cares not whether by heart without book, or in a book opened, so he be Worshipped with the heart.

This onely by the way to shew as there is no identity of Form betwixt the Directory and Common-Prayer-Book, so no such Discrepancy unlesse in the persons using them, as to heighten or continue these unnatural differences.

The reasons given by His Majesties Commissio∣ners for making a Cessation betwixt Him and the Irish Rebels, and the Parliaments Commissioners con∣tending to have such Cessation void, are of great∣er moment; the Kings urging it dishonorable on His part to vacate the Cessation, wishing also that it were in * 1.102 His power to do it: But why dishonorable, or how comes it to passe that it is out of His Majesties Power to suppresse the Rebellion there, as his

Commissioners urge? unlesse by employing and making use of his strength against this, he abates and lessens it as against that Kingdom; His Commis∣sioners their reasons given for both are answered in what follows, and the judgement in deciding the Question, to be given according to the late past oc∣currences which the Declarations and Remonstran∣ces within these few years published have set forth.

If His Majesty did make the Cessation to the end to save the Remainder of His Protestant Sub∣jects there, it was an Honorable and Pious care in him towards those his Subjects, but if from a more principal and ultimate end of making such Ces∣sation to make use of the contending parties in that Kingdom against his Subjects called Rebels in this, the Parliaments Commissioners had reason to presse the vacating of such Cessation; They farther in∣sisting thereon, that if the Cessation had not been made in the time of the Rebels their greatest wants, and the Forces imployed then and there against them not drawn off, they might in probability have been subdued, and this War even finished.

They also urge that if the Cloaths going into IRELAND for the supply of the Protestants and Army there, had not been taken away by the Kings Souldiers near COVENTRY and within His Quarters, the English and Protestants there had been relieved, &c.

That the goods and Cloaths so taken away, was not without His Majesties knowledge and direction, unto which the Kings Commissioners reply, That those Cloaths had not been taken away, if they had

had a Conduct to have more safely passed through the Countrey; and further urge, That those Forces and other Provisions intended for the Relief of His Maje∣sties Subjects in that Kingdom, were diverted and im∣ployed against Him, namely in the Battel at EDGE∣HILL.

For proof whereof they mention three or four witnesses, some of whom engaged for the service of the Parliament, and deserting now the same en∣gagement are advers, and none more extreme Ene∣mies to the Parliament, whither they be compe∣tent witnesses in so extreme a Conflict to prove the Accusations.

If witnesses may be admitted, known to be * 1.103 maliciously opposite to that party against which they are witnesses, the inconvenience may prove in these loose and desperate times as generally noxious as the War it self hath been.

The Answer to such Accusation as the Kings Commissioners therein urge, is no where more fully to be had then to the Enquiry into the Original of this War; whereunto all Treaties had to compose this vast difference must have recourse, otherwise a meeting to conclude a Peace, will vanish into Contention and Disputes, for want of a certain Rule or constant Principle to guide the Treaters by.

The well weighing of the Protestation lately taken, might have confined and setled the doubtful and va∣rious thoughts of man, in what the end and aime of the Protestation was, a promise to fulfil in as much as in us lies, the Commandments of the first and second Table of the Law, directing our duty towards

God and man, the several parts in the Protestation tending in the sum to the maintenance of Gods Ho∣nor, the Kings, the Subjects Right and Liberty (no one part thereof if rightly understood and applied cros∣sing another) and therefore how it comes to passe that the Protestation being one and the same, the course of mens affections should be thus divided in∣to partakings, or that some should be of opinion, that to maintain the Kings Honor, Person and Estate, is to adhere unto Him in this present War in what He shall command: They should withal consider the other parts of the Protestation viz. The De∣fence of the Protestant Religion, the Power and Priviledges of Parliament, the Subjects Right and Liberty; for by the Protesters observing all, the King is best observed and trullest, His Honor and promises being ingaged to maintain the latter three▪ when as every one who takes the Protestation, doth thereby endeavor to make Him a Soveraign Lord of a free and flourishing people; The Kings Protestations concurring with and tending to that end, so the Protestation taken altogether is best observed and kept.

To the Protestation for the defence of the Protestant Religion, every one who takes it, is not immedi∣atly bound by vertue of his Vow, to extirpate or remove all Papists (that is above the power and liberty of every common person) but if he sees the Protestant Religion in danger of declining, and that the Papist is connived at and countenanced by higher powers (for the question is not about the certain and actual bringing in of Popery, but

touching the causes of suspition) if the Protester adhereth to that party which promiseth to defend the Protestant, and opposeth that which coun∣tenanceth the Popish, his Protestation is the truliest kept, a Promise or Vow the more pursued the more fulfilled.

In like maner to the other part of the same Prote∣station, viz. The maintenance of the Kings Honor, every one who takes the same is not thereby bound to comply, assent unto and obey the King in what∣soever He may command, whether unlawful or unjust, or to think all His attempts and actions Justifiable throughout: This were indeed in the highest degree to Honor Him; but in a more serious and as truly a loyal way of His being honored by His Subjects, is when they or those who are put in place and authority over them, shall enquire into and provide against all things incident to His Dishonor, when they shall endeavor to chastise and suppresse all Affronts and insolencies which may be offered to His Honor; This although a more re∣mote and lesse flattering, yet a more stable and certain discharge of Duty in Honoring Him.

But to proceed and examine wherefore His Maje∣sties * 1.104 Commissioners presse the want of a Conduct for the guard of those Forces and other provisions intend∣ed for the relief of His Majesties Subjects in the King∣dom of IRELAND, &c. it seems strange, when as His giving way to many subscribers and adventurers into that Kingdom, His often and tender expressions of the deplorable and sad Estate of His Subjects there, His offering to go in Person for the better

reducing the Rebels there (all or most of these being known to all His Subjects) was safety enough in all likelihood, and above the strength of many Regi∣ments of Souldiers, or above the validity of any Commanders passe, to have secured the transport∣ing of such Cloaths and other Provisions intended thither from the violence of His own party.

The Parliament Commissioners urge farther, That it was Declared from His Majesty, That he did dis∣approve the subscriptions of the Officers of the Ar∣my, by means whereof that course was diverted: That the Commissioners sent by the two Houses of Parliament for the better supplying and encouraging the Army in that Kingdom, were discountenanced and commanded from the Councel there, where the prosecution of the War was to be managed, unto which no Answer or Excuse is set down by the Au∣thor of the Relation.

His Majesties Commissioners derive the good and Ju∣stice of the Cessation from the Lords Justices, and Councel of that Kingdom, intimating the same by Let∣ters sent from those Lords to His Majesty and the Speaker of the House of Commons, and that had it not been for such Cessation, the Protestants there could not have subsisted.

The Parliament Commissioners answer, That * 1.105 those Letters sent do no way intend the inducing a Cessation, nor that the Copies shewed to them do contain any thing tending to, or any the least inten∣tion of a Cessation, and that those Letters sent were therefore written to quicken a supply from the Kingdom of ENGLAND.

They farther averring, That notwithstanding such

Cessation, which many and considerable persons of that Kingdom do still oppose, many English and Scotish there do yet subsist.

The Arguing and Debating which, hindering the Supplies and Assistance which otherwise might have been afforded, hath added much to the Affliction and Calamity of His Protestant Subjects there, and to be imputed wholly to the Authors and Persisters in this War: For whilest both parties in the War do contend to maintain and increase their power in op∣position each to other, and consequently forbear to send Aid to the Protestants there, the small number yet remaining of the English and Scotish cannot possibly subsist.

Who such Authors and Causers of this War have been, is long since manifested and resolved by the joynt advice and provision made against them in the Articles of the large Treaty betwixt the Kingdom of ENGLAND and SCOTLAND August, * 1.106 1641. in their fourth Demand granted by His Ma∣jesty, the Kingdoms then and there agreeing to make such lyable to the censure and sentence of the Parlia∣ments respectively, &c. But to proceed.

If it be dishonorable to His Majesty, as His Com∣missioners urge, to make void that Cessation out of gratitude and favor to the Papists there affisting Him in this War, His Commissioners, His Friends and His party might have spared to object those Acts passed by His Majesty this Parliament, in favor and case to His Subjects, when as if this Parliament be born down or dissolved, the Acts passed by His Majesty this Parliament are Repealable, Alterable in

part or in all by a succeeding Parliament, by which Acts already passed, many of His Friends and party adhering to Him against this Parliament, have suf∣fered in their Estates, as is before expressed.

For neither the suppressing of Star Chamber or High Commission Court, the granting of a Triennial Parliament (which are instanced in as Acts of Grace, and the Subjects charged with Ingratitude for not valuing such gracious Acts) are no infallible and constant notes of such His Goodnesse and Favor to His people, when as those Acts are Repealable at pleasure; nor that of the Triennial Parliament, un∣lesse a Parliament be of force to maintain their Po∣wer and Priviledges, which this hath sought to de∣fend for their own, and for succeeding Parliaments.

As for His Majesties Commissioners to urge, excusing in their way the King and His party from violating the an∣cient and Fundamental Laws.

That the Parliament and their Committees are guilty of breaking the same, and they alone, as if no such thing were done by His Majesties party, Souldiers and Commissioners employed for raising Arms and Mo∣ney to prosecute this War.

Such charge against the Parliament must either be understood of their abolishing for the present some ancient Constitutions, or of their compulsory wayes in raising Moneys for the maintenance of this War, the reason, the means of the one and the other is exa∣mined.

If his Commissioners understood it of the particu∣lar and late Robberies committed by the Souldiers on poor Countrymen and Travellers on the road,

that cannot be charged on the Parliament, because it is done against their will, and to prevent the like, they have according to the Law brought the offendors to condign punishment, wherein also the Kings Soul∣diers are the most offendors, when as the Parliament Souldiers are required for their Assistance to rescue from the Robbery and Spoylings committed by the Kings, besides it hath been observed that many wish∣ing wel to the Parliament, Travellers on the ways ha∣ving met with Souldiers, and doubtful on which side they were, being demanded for whom they were, have counterfeited their tone, and answered For the King, as being assured that if those Souldiers were fort he Parliament, they should finde lesse cruel usage then by the Souldiers for the King.

This, Experience hath throughly taught, and these and the like actions committed by His party, hath made His Majesties name the more terrible.

In that the like hostile and cruel Acts are practised on either part, and that the fear of cruelty working more strongly on the common sort, hath brought many of them to yeeld and comply with the more cruel part, the inequality of the cruelty hath been observed to be great between the one side, who to gain or save a Town, or for the like advantage sake have burned or pulled down some houses, in a sudden and revengeful heat have killed and Enemy; and the other side, which in cool blood have killed and mas∣sacred many hundred of inoffensive Subjects, burned whole Towns, and laid waste the dwelling places of the Poor and Fatherless.

For if the one side had wasted and spoyled as the

other doth, the Countreys had been far more mise∣rable then now they are, and the spoyler left destitute of where withal to maintain himself and his Soldiers.

The Kings party give a reason for such a difference had betwixt the Souldiers on either side, alleaging that the Countreys being Rebellious and Disaffected, deny unto their Souldiers upon their march and in their quar∣terings a fit provision and supply for horse and man, wherefore the Souldiers of His Majesties party are in∣forced to rob and spoyl, &c.

The Answer to this Objection is had from a re∣course to what is here delivered, and the Reader to be satisfied in the Question, what Rebellion, Treason truly is, what the ground and original of the Coun∣treys Disaffection is?

If His Majesties Commissioners understand their charge against the Parliaments violating the Funda∣mental, because of their abolishing old Laws; 'Tis answered, They have power to Abrogate and Repeal what they finde offensive and exorbitant in a Com∣mon-wealth.

The modern and positive Laws were by Parlia∣ment established, and quicquid constituitur, eodem modo etiam dissolvitur.

No one Fundamental Law is by them dissolved, or by their Acts yet violated, unlesse the Consti∣tution of Bishops be held a Fundamental one; It was their Quarrel, and questionless their Exception, to be found both in their words, and by their or their Friends Writings, That the Parliament have transgressed the Ancient Laws, because they have abo∣lished Bishops; they make the Law which constitutes

them to be of equal time and value (belike) with that of Magna Charta, when as most men know who have lookt into the Records, that many Session of Parlia∣ment have bin held, many Acts passed Excluso Clero.

It was a cunning Argument and Artifice in the Bi∣shops to incense the people against the Parliament, if it were they which give out the Parliament to have violated the Ancient Laws which the people were ready to defend, when as upon a through examina∣tion of the matter complained of, there was no other Law violated but what concern'd the Bishops partial in the Cause.

To conclude the Question touching the transgres∣sing of the Laws, which both sides may seem to be guilty of; the matter is not whether the Ancient or New Laws be kept, whether those long since made, or those of a latter time be broken; a War lets all Laws loose; but had the Law of not Dissolving without the Parliaments consent, been kept entirely and strictly, the other Laws had not in the judgement of most men been broken.

The Parliament may plead, Their undertakings and course of Justice cannot be made good, by reason of their power opposed, themselves confronted.

The great Law and Charter of the Subjects Free∣dom, is enlarged into Statute Laws, all conducing to make up one * 1.107 Supreme Law [The Subjects Safety.]

The dividing of the Parliament Members, if a∣mounting to a Dissolving of the Court contrary to a Law consented unto by His Majesty, hath added much to the shaking of the Ancient Laws; and this War occasioned, as is before expressed, hath opened a way to the violating all other Laws.

The Contention hath since the first beginning thereof devolved to matter of Trust (the third of the PROPOSITIONS in Demand) how the Sol∣diery and Arms of the Kingdom should be setled, and who to be trusted in the managing thereof; The King, rather those about Him whom the Parliament suspects, or the Parliament and those whom they de∣pute: So the Militia, the Fortresse and Author of the Subjects Safety, when well setled, bindes up, and as it were doth keep the Peace; it hath the turning power, and casting voyce upon all emergent differ∣ences which may happen.

The Kings Commissioners propose to have the Po∣wer thereof divided into an equal number of Commissio∣ners on both sides, which the Parliament Commissio∣ners judge not reasonable, for that they being named dividedly, will act dividedly on every Debate which happens according to their several Interests, and the Commissioners on either part will have partakers in the Quarrel; so the Militia thus setled, and to keep the Peace, may prove the overture of a renewed Con∣tention.

Besides, if the Distribution thereof be assigned to fourty, whereof twenty to be named by the King, the other half by the Parliament; the King re-in∣vested to His former Dignity, can easily gain upon some one of those which the Parliament shall make choice of; so the Kings part being the major, will car∣ry against the Vote and Judgement of the lesser part: Thus, the Accompt cast up, it would be all one for the King to name the whole number of those for the Militia.

And whereas His Commissioners take it for granted That the Commissioners for the Parliament do admit the Jealousies on either part to be mutual, therefore the Mili∣tia to be mutually and equally managed.

Their Argument seems reasonable, if true; for if the Causes of Jealousie were mutual or equal in degree or time, the Reason for so dividing the Com∣missioners were more important.

But admit the Jealousies to be mutual, Jealousies may be as Injuries, mutual, yet diversified in degree, as some more vehement, more certain then others, some of a longer, some of a shorter date.

If it were as certain (as is before observed) that the Parliament did intend or attempt any thing against the King, as it is certain the Subjects Right and Li∣berty were incroached upon, no question then but the fault rests in the Parliament, and the whole War to be judged Defensive on the Kings part.

To the matter of Jealousie; the Parliament su∣spects the King to be carried away by evil Councel, per∣swading Him and assisting Him against His Supreme Councel of the Kingdom.

The King and His party chargeth them with be∣ing Rebels.

The substance of which Charge is (as already ex∣pressed) Their taking up Arms against Him, their pur∣pose to destroy Him, wherefore as guilty of such Treason to be opposed and fought against.

The Argument is, as before examined, hoped and prayed for, from falsly suggested premises, unknown, ungranted.

That whereof the Kings party is suspected, there

is pregnant presumption for, yea, matter of Fact.

So the Jealousies seem to be presented mutual, although differing in degree of certainty.

Here then the oddes between the Accusations on either side, the Kings and Parliaments; that whereof the Parliament stands Accused, is uncertain, unknown; that whereof the King's party is accused, there is vehement presumption for.

Now whether we shall weigh in the same Bal∣lance the supposititious and unknown, with that which is certain and evident, and Jealousies une∣qual in themselves whereon to passe a censure, let all men judge.

The Kings Commissioners and His party seem in nothing more to get the start of the Parliaments, then by their often speaking and offering of terms of Peace, as of proposing and accepting Treaties: But it is not who are the first and most frequent offer∣ers, but who the most reasonable and equal in the terms of Treating for a Peace.

The setling a firm and well-grounded Peace by Treaty, should be upon a surenesse and equality of terms, which if it cannot be had, a compliance and condiscending must, which is no losse of credit in the offending part.

To retract an Error, argues two prime vertues, Wisdom and Humility, and all offendors have not erred as of themselves, or of their want of Judgement, but by the participation of anothers Error and Opi∣nion which they have prized too much.

What in the Narrative and Circumstance of this War, is to be understood of the contrary thereto, Peace, and how to be obtained is to be enqui∣red.

There is a Diversity and Latitude in the word [Peace] If for one part utterly to cease from Arms, and quietly to sit down (which indeed were one step to Peace) and to expect what then might befal on such a ceasing, were in the pursuit of Peace required; Or whether a Peace in its more proper definition of a Just and Safe Accord, a reciprocal Ami∣ty and Tranquility established in Truth and Equity, not * 1.108 Union of the mindes, that is not for the present to be had, but a restraining of the hands: So Just and Safe are as it were the specifical dif∣ferences in the definition of Peace: True and Plain might be added too, least whilest they speak of * 1.109 Peace in their mouthes, they have War in their hearts.

The latter [Safe] implyed by what peace it self is sometime taken in a great Lawyers sence, calling the Kings Writs Brevia de pace, so that Safety being * 1.110 one, Justice ought to be another part of Peace, which the Orator doth mean, where he sets vis and * 1.111 jus one against the other.

To which also agreeth the same Lawyers de∣scription of vis in these words, vis est quoties quis, quod sibi deberi putat, non per judicem reposcit, &c.

According whereunto the two old Statutes say, * 1.112 Let the Peace of the Land be maintained in all points, and common Right done to all. In the other, Let Peace be well

and surely kept, that the Kings Subjects may safely go and come, and abide according to the Law of the Realm, and that Justice and Right be indifferently administred to every Subject.

In the Texts of Scripture, Grace and Peace, Peace and Truth do go together, Peace and Righteousnesse like individual friends kisse each other: So safety, to perpetuate and strengthen it, is requisite to Peace, and a restraint might be had of the hands if an Uni∣on of the mindes, and so on the other side, an Union of mindes, if a restraint of hands: The difficulty then rests only how either or both, Unity of the one, or Restraint of the other may be had, whether by a meeting for a Treaty, or by pur∣suite of Victory by the sword.

A Treaty hath been had, Commissioners of emi∣nent quality met, and PROPOSITIONS in∣ter-changeably sent.

What the carriage and event thereof hath been, the Author of the Relation of the passages there hath expressed, but whither impartially set down, the Commissioners are the onely witnesses, whither his relation makes for or against his own party, the Reader is to judge.

The Parliament whither in their proposing or ac∣cepting of the Treaty, shewed their Inclination to a Peace, gaining nothing by the meeting (for no one PROPOSITION demanded was granted them) save only the credit of their sincerity in re∣ally meaning to acecomplish that, for which the end of their meeting was.

The seeking and ensuing Peace is to be pre∣sumed

to be the fervor and end of their desires; Neither they nor their friends shall gain by the pro∣traction of the War; It is likewise to be so pre∣sumed on His Majesties party, save some Officers and Commanders in chief in either Army; For∣raigners and Out-landish, who empty ours to fill their own purses; And other Instruments appen∣dent on the War, and imployed for raising money to defray the charge, may haply be thrivers by the War.

But for the means of obtaining Peace, standers by may be able to discern, wise to observe and con∣template on the means: Howbeit none are called, none sent, none on whom the power and authority of managing the Peace is devolved, save the Court of Parliament alone, in whom we have entrusted all expedients to our Safety.

If they shall judge the PROPOSITIONS formerly tendred to His Majecty, to be the onely and effectual means; The Subjects are to abide by their Judgement, which PROPOSITIONS may seem in number many, in their strict quality extream and harsh; especially in the Kings friends eye, as seeming to abate His accustomed Regal Dignity.

Extreme diseases require extreme remedies for their cure, and when Jealousies are a long time breeding, the task will be as difficult in the means of dispelling them: Evils when grown strong, multiplied and closely wrought, need a proporti∣onate instrument to lance and remove to stop the new springing up of the same or the like.

The PROPOSITIONS are of two sorts, the * 1.113 one a calling Delinquents to accompt, demand∣ing Justice according to the degree of their offendings.

The other, of their tendring to the King the Counsels and result of their own experience and maturity of Wisdom, for the Government of His Kingdom, wherein they only prompt and dictate to His Majesty, what they desire Him to assist and joyn with them in the compleating and establishing the same.

The first, of calling offenders to accompt, ex∣pressely named in the PROPOSITIONS, whi∣ther they all shall suffer in their livelihoods accord∣ingly as they are challenged; Or only some few known to be the Principal and long since contrivers of these mischiefs, the subversion of the Prote∣stant Religion and the Laws, is left to the Judge∣ment of the Parliament, which being a Court of mercy (mercy no negative of Justice) can, in case they are able to maintain their own proper Power,

make use of what the Heathens Judgement with a Christians spirit hath advised, ut pena ad pa••cos me∣tus ad omnes perveniat, Bis vicit qui pepercit, and honestum ac nobile genus vindictae est ignoscere, to have * 1.114 forgiven, or given a longer time for offenders to come in, shews their Clemency, whether or no the deep lodged envy, and discontented anger of many the offenders throughly convinced of their own offen∣ding shall apprehend and make use of the Clemency of their forgivers.

The quality of the PROPOSITIONS thus examined, and His Majesty altogether refusing to sign any of the same, as judging them unequal and incompetent to His Regal dignity; He pro∣pounds His return to LONDON, there to Treat in Person, as an expedient means of Peace; But on what terms to Treat is not proposed.

For His Majesty with His party, and the Parlia∣ment there to meet to recapitulate and argue the Rea∣son, Authors and Accidents of this War, were to revive the heat thereof: His * 1.115 Majesty laying the guilt of shedding all this Christian blood at the Parlia∣ments doors, His professing not to desert His friends, which the Parliament accompt their Enemies; when the persons with whom He is to Treat, a∣gainst whom He hath waged War near four years, the place whereunto He is to come, against which he hath denounced His displeasure, are all considered without any retractation of His former anger, with∣out Repealing His bitter Messages expressed a∣gainst those persons, that place, and the people assisting them, a meeting once had for a Peace made

frustrate; When those are any way salved, any Act passed by His Majesty to remove these doubts and dangers, when he shall have changed His in∣clination to severity denounced against His Sub∣jects, when He shall in His serious and sad regard had to His people and their sufferings have His heart turned within Him, when his repentings shall be rowled together, as God himself by his Prophet disdains not to his people, their hearts will fill with * 1.116 Acclamation and joy to receive and welcome him, a tender and nursing Father to his Church and peo∣ple; and the common and easie objection wiped away, that whereas the Parliament and people have petitioned and prayed for His return, they now shew their Inconstancy, in refusing that which they have so earnestly desired.

The motion of Petitionings doth cease when the end whereunto they move (the hopes of a Peace to be had by His Majesties return) seems fru∣strated.

Whosoever shall invite the company, or desire the accesse of any person, whither it be of a King as supreme, or of any other person of a lower rank, it is to be presumed to be for the mutual and amicable society of those who are desired; if be∣fore the time of entertaining, there be a strange∣nesse or aversnesse of friendship in the invited friends, the desire of the inviter ceaseth, and he abateth his welcome: The Comparison, although it seemeth here betwixt two equal parties (friends of the like degree) therefore not fit to hold, is the more effe∣ctual betwixt two parties, the one superior of Power

to wrong, the other inferiour Subject to bee wronged.

The reason wherefore the Members in the House of Parliament were preferred in their Countreys suf∣frages to be their Judges, was for the opinion of their Wisdom and Integrity above, at least equal to o∣thers of the Countrey: Wisdom consists of Cir∣cumspection, Diffidence, foresight; * 1.117 Diffidence especially, as Integrity doth, of distributing and do∣ing all men right.

In the Parliaments refusing or admitting His Ma∣jesties accesse, they have a narrow path to tread to please all men (which no man or Counsel yet could do) for if by denying him they prolong the War, impoverish and exhaust the Kingdom (as some men and their adversaries give out) if by admitting they lose and frustrate their preparations and past endea∣vorings for the Subjects welfare (for it will rest in the King and in His parties Power to annihilate their Acts) their prudence and councels will be exposed to obloquy and scorn.

For howbeit His Majesty as a Christian, as a King, may and cannot chuse but have a deep sence and compassionate heart against the farther shedding of his Subjects blood, His party which He professeth under the name of friends not to desert, will expect a large interest in His Power; their interest which when they have gained, any man may judge for what use it shall serve.

In War the prevailing and stronger side relieth upon their Forces, the weaker and more vanquished on their stratagem and cunning: for the Parlia∣ment

to be over-wrought by the cunning Practices of their adversaries, were a lessening of their wisdom.

The people of CVMA were branded for their too late wisdom, their imprudence was turned into a Proverb, The fisherman once struck alwayes takes heed.

A parley once betwixt two parties found false, makes the more innocent part the wiser afterwards.

If neither Peace nor Conquest can be the sooner had, the War continued is like to have a most sad and fatal upshot (the fault of the continuing resting onely on some few mens accompt) betwixt these two extremes, viz. the Dissolute, licentious and Armed man on the one side, and the harmlesse poor Subject on the other; The oppressour on the one, and the oppressed on the other side; or where it first began, betwixt the Papists stiling themselves the Kings friends, in His name, and under colour of de∣fending Him on the one side, and the Protestant on the other side, in whose blood the Papists do think to imbrue their hands, naming them Rebels, Tray∣tors to His Majesty: The Prophet sums up the diffe∣ence in a few words, betwixt the ungodly and wicked who have drawn out their sword and bent their bow to cast down the poor and needy, and to slay such as be of a right Conversation; But that there is a superintendent Almighty Power, the Lord of Hoasts who will be a defence to the oppressed, even a refuge in time of trouble, whereof he hath already given a pledge, and manifested his Power and loving kindnes unto His in the more remote parts of Christendom, by giving se∣veral successes in signal victories to the Protestant par∣ty

in those parts, against the more Popish * 1.118 accomplices in a confederate League, by open enmity, as by secret & subtile pra∣ctises to extirpate the Protestant religion.

The persons on whom the Accompt of the continuance of this War will lye, are those alone who throughly convinced of the in∣justice thereof waged by the Kings party against his people, knowing withall who have been the first actual Authors and promoters of this War, who since the counterfeiters and pretenders to a Peace, remain yet obstinate, adhering to that party in that desperate and resolute way, as preferring rather the ruine of their own native Countrey before the failing of that their party.

The sober, relenting and wise demeanors of these engaged, might have put a period to this War, if they steering their affections all one way to the light of Sence, Conscience, Reason, shall set aside the punctilio of reputation (which no wise man did e∣ver lose) of being thought inconstant; their actions will alike unite and joyn together against the refu∣sers of Peace, as against a common Enemy, and every good Subject will according to the habiliments whereunto he has been used and bred, act and wish best only to that side which wisheth best undivided∣ly, unreservedly to the King and Kingdom.

In the dividing which, every one takes it ill to be suspected to be partial, or that his wishes should seem rather to incline to the King then to the Parlia∣ment, to the Parliament rather then to the King, they thinking that their wishing well to the King, is

to wish well to the King and Kingdom, because the King protesteth the welfare of the Kingdom.

The perusing this Treaty doth clear the question, and doth settle and confine the doubtful Judgement of whosoever may be mistaken in this conflict.

The Unity and joynt accord in the House of Par∣liament, may be a leading case to induce a general Unity among all the Subjects of the Kingdom: That as by the singular policy presented in the Har∣mony betwixt the House of Lords and Com∣mons, and as between the Commons themselves strengthening and crediting their proceedings, the like Unity may descend intirely to the inferior Members throughout the Kingdom.

For howbeit there may be different wayes, seve∣ral disputes by cause of various judgements, all tending to one and the self same end, yet no Argu∣ment to divide them from their chief principle, The Subjects Peace; And although emulation alwayes attends great and eminent spirits, keeping off for the most part an accord of mindes, Gods Power is so much the more visible in their actings and en∣deavorings for Peace (Himself being the Au∣thor of Peace and lover of Concord, in making men to be of one minde in an House.)

Briefly, to comprise the whole in a few words by way of question, and for the sooner restoring these unhappy Kingdoms to an happy Peace and general Unity, the matter of this Civil and unnatural War betwixt the Prince and people, betwixt the Sub∣jects of three Kingdoms contending each with other, as it had it's rise from mistakes and jealousie,

doth now, as the possibility and enjoyment of a firm and lasting Peace, rest and determine upon the clearing of these few questions; Whither His Majesty has had evil Councellors & Instruments about Him, who have diverted Him from the course of justice (some of whom stiled now His friends?) Whither His declining and forsaking them be ingratitude in Him, or to be accounted a deserting His Friends? Whither there be a lawfully summoned Parliament, and where? Whither the peoples taking up of Arms in maintenance of this War, ut supra, be ei∣ther in the beginning, or in the continued course thereof, Rebellion and Treason.

FINIS.

Notes

• * 1.1

  See the form of the Writ in the Crown Office.
• * 1.2

  From which text the Kings Party do contend, that Kings are immediatly from God: no more then as follows in the subsequent verse, Nobles do Rule, and judges of, &c.
• * 1.3

  See His Maje∣sties Declara∣tions and Mes∣sages since Ia∣nuary, 1641. The Oxford Mercury moves the jealousie, making the Kings sincerity questionable; for whilest the Mercury knowing the Dyet and full digest of the Kings party there, cals the Parliament whensoever he names them, The Rebels at Westminster, notwithstanding the King cals them The Parliament, and words of professing Friendship and Complacency being more uncertain then words of Hatred and Defiance; although His Majesty terms them now a Parliament, a Phrase of Truth and Credit, he m••y reserve unto himself more bitter thoughts of Anger and future Ac∣cusation, according to what the Mercury expresseth towards them.
• * 1.4

  Arist: Polit: cited in the like case by Sir Walter Raugh∣leigh in his Dialogue be∣tween a Coun∣cellour of state and a Iustice of Peace.
• * 1.5

  Mr. Rogers his 39. Arti∣cles.
• * 1.6

  Before this time of War there were no such Schisms or He∣resies: Tautum res nobis (saith learned Iewel) cum quibusdam satellitibus Pontificiis, &c. and it is requisite that Vnity and Peace be setled in the Church as well as in the State, for sup∣pression of these Schisms and Heresies; God delighting, yea and requiring it, to have Or∣der and Truth in his presence chamber [the Church] as in his larger courts [the Common-wealth]. The Authors of the War have been the Authors of these Heresies: [which side?]
• * 1.7

  Augustine.
• * 1.8

  See Statute Edw. 3.
• * 1.9

  Sir VValter Raughleigh in his Dialogue betwixt a Councellor of state and a Iu∣stice of peace.
• * 1.10

  The number of the Friends and Adversaries unto either part are calculated, and their several Forts discerned about the middle of this Book, and which part was in probability like to finde the greater opposition, the King or the Parliament as matters were then in being, in which it will appear that the Parlia∣ment had the more Enemies, or their Enemies the more Friends.
• * 1.11

  See the Oath tendred at Ox∣ford, 1643.
• * 1.12

  See the Mes∣sage of both Houses, March 9. 1643.
• * 1.13

  ☞
• * 1.14

  See the Form of Indictm Felonice.
• * 1.15

  In answer to a Declaration of the Lords and Commons for the raising of all Power and Force, as well Trained-Bands as others, in all Coun∣ties: printed at Oxford, 1642.
• * 1.16

  See the Petiti∣on of the Clo∣thiers in the West, and his Majesties An∣swer. 1643.
• * 1.17

  His Speech in Parliament, 1609.
• * 1.18

  See the Letter from the Assembly at Oxford, implying this to the Earl of Essex, dated Ianuary 1643.
• * 1.19

  In a Book In∣tituled, The Loyal Subjects belief: penned by one Mr. Simmons, p. 16.
• * 1.20

  Ierem.
• * 1.21

  Martial.
• * 1.22

  The Scots▪
• * 1.23

  April 1644.
• * 1.24

  Virgil.
• * 1.25

  See the Articles of Trea∣son exhibited against the six Members of Parliament, Ian. 1641.
• * 1.26

  The French.
• * 1.27

  Which businesse seems to depend upon the Question, whether the county of HE∣REFORD were not at that time an Enemy's coun∣trey, and the city scituate in the midst thereof, bordering not far from a strong and wel man'd Garison WORCE∣STER, had not all means, whereof they made use, to resist and repulse strangers besieging them.
• * 1.28

  In animis ho∣minum multe sunt latebre & recessus. Cicer.
• * 1.29

  See the Arti∣cles and Trea∣ties, dated 1641. 1645.
• * 1.30

  The English.
• * 1.31

  The Scots.
• * 1.32

  See the speech.
• * 1.33

  Henry 7.
• * 1.34

  Incendiaries and Fomentors of this War.
• * 1.35

  Noli in Ca∣ducum parietem inclinare. Lip. Polit.
• * 1.36

  In the same Speech in Par∣liament, 1609.
• * 1.37

  Cicer. Orat.
• * 1.38

  In a Book of an unknown Author, printed at Oxford, 16. 4. called The true Infor∣mer, who by a Prosopopeia makes himself a Traveller, and not to return untill the King shall have recovered His Scepter, and the People their Sences.
• * 1.39

  Paul. Emil. in vitam Car. 7
• * 1.40

  See their De∣claration printed 1643.
• * 1.41

  Earl of Che∣sterfield and Lord Montague
• * 1.42

  The peoples Plea.
• * 1.43

  Aristot.
• * 1.44

  Cicer. Offie.
• * 1.45

  In the Kings Answer to the Declaration from the Lords and Commons 1642.
• * 1.46

  The Commissions cannot otherwise work then to a Par∣liament; wherefore if his Maj••sties personal presence be a necessary part of Parlia∣ment, without which there can be no Parliament, the Commissions can be of no force, his absence making it no Parliament. The granting which lets in other incon∣veniences upon dispute, touching the locality of his presence, as where, whether in his Throne within the walls of the House, or in his Court adjoyning. The King and his Majesty are as it were inseparable; Majesty is proper to him alone, & only his Attribute, somtimes we say the [King] somtimes [His Majesty] neither is any mans person any more then a corporeal substance. It is the Minde, the Soul, the Dignity and qualifica∣tions thereof, which do (as the Philosopher speaks) inform and give being unto man: Neither can it be thought, that a personal contiguity is to be required of the King to be within the Parliament walls, no more then the Body of the Sun to descend and touch the Earth, when as it sufficeth that by its power and influence it gives heat and nourisheth.
• * 1.47

  Rom. 13.
• * 1.48

  To indure for a time only
• * 1.49

  1645.
• * 1.50

  In the case of Ship-money.
• * 1.51

  In the same Speech.
• * 1.52

  Camdens Annals
• * 1.53

  May 1641.
• * 1.54

  Cicer.
• * 1.55

  Partem Patria.
• * 1.56

  See the Ar∣ticles of the large Treaty, pag. 16. De¦mand 4. grant∣ed by His Ma∣jesty, August, 1641.
• * 1.57

  See their At∣testation at York, Iune 1642.
• * 1.58

  GLOUCESTER, stoutly and like an expert Commander relieved with∣out; as vigilantly and vali∣antly defended by the Go∣vernor within.
• * 1.59

  More remarkably mani∣fested in this instant happy and well framed Vnion and Agreement prudently pre∣venting the mischiefs which might have befallen in case they had not agreed as an en∣tire society, notwithstanding the many and several sorts of divisions occasioned by these Commotions.
• * 1.60

  Plinie.
• * 1.61

  His speech in Star-Chamber in the 16. year of his Raign.
• * 1.62

  Secunde cogi∣tationes sunt sa∣picutores.
• * 1.63

  In sapientem non potest cadere injuria. Senec.
• * 1.64

  Mr. Jo: Hey∣wood, on the life of Hen. 4.
• * 1.65

  Deuteron. 23.
• * 1.66

  Livie.
• * 1.67

  See what the Assembly at OXFORD acknowledges, The Priviledge of Parliament to be so substantial and entire a Right, that the Invasion, of the Liberties of either House is an injury to the other, and to the whole Kingdom, in their De∣claration printed there, p. 12.
• * 1.68

  Tertullian.
• * 1.69

  See the Glosse.
• * 1.70

  Sir Ed. Cook.
• * 1.71

  See the statute.
• * 1.72

  Ira inimica Concilio. Cicer.
• * 1.73

  36. Ed. 3.
• * 1.74

  See their Peti∣tion, 1639.
• * 1.75

  See the Act passed in full Parliament.
• * 1.76

  The Assembly at OX∣FORD acknowledge in their Declaration printed there, March 1643. The Par∣liament at WESTMIN∣STER not to be Dissolved, pag. 25.
• * 1.77

  36. Ed. 3.
• * 1.78

  Pag. 16.
• * 1.79

  Pag. 23.
• * 1.80

  Pag. 7.
• * 1.81

  See the Pe∣titions of the several Coun∣ties.
• * 1.82

  King Iames in His speech in Parliament 1609. calls them Traitors, vipers, &c▪
• * 1.83

  See the Articles to be presented to the high Con∣stables in the Westerne Cir∣cuit. 1643.
• * 1.84

  Page 23.
• * 1.85

  5. Hen. 8. Which Statute they would not all have broken (it is presumed through the worth and In∣genuity of many of them) had they either timely consi∣dered of the Statute, or not in a passionate and hasty way departed, or could have fore∣seen the ill effects of their departure.
• * 1.86

  For notwithstanding the unhappy consequences of their deserting, the Parlia∣ment refuses not to receive them to compound, upon their undertaking not to do any thing prejudicial to the State.
• * 1.87

  Page 22.
• * 1.88

  See the Statute
• * 1.89

  See the margi∣nal Note.
• * 1.90

  Page 24, 25.
• * 1.91

  His Majesties Answer to a Declaration from both Houses, May 19. 1642.
• * 1.92

  The Innes of Court.
• * 1.93

  See the Message of the Lords and Commons sent unto His Majesty, upon occasion of a Letter sent from the Earl of Forth to the Earl of Essex.
• * 1.94

  See the Letter and the answer
• * 1.95

  In a Book of an unknown Author, called The States Martyr.
• * 1.96

  See their Mes∣sage and Sir Thomas his an∣swer.
• * 1.97

  See His Ma∣jesties Letter, dated Mar. 23. and the Secre∣taries Answer to the Com∣mittees sum∣mons, Apr 1. 1646.
• * 1.98

  See the Book called A Rela∣tion of the Trea∣ty at Vxbridge, printed at Ox∣ford.
• * 1.99

  Victoria na∣tura insolens & superba. Cicer.
• * 1.100

  Amicitia est tantum inter bonos. Arist. Ethic.
• * 1.101

  Hierom. Zanch. in quartum Mandatum quod multiplex genus est Christi Ministrorum, pag. 950. probat Presbyter & Episcop. idem esse Edw. Leigh. Armig. in libro titul. Sacrar. Critic. novi Testam. in nomine Episcop. ubi recenset Plutarch in Numâ vocat custodem Sacrarum Virgin. Episcop. & citat Septuaginta vertere Episcop. in Ezek. & Hosea legit a Watchman, & Paulo post dicit Episcop. esse qui verbo & gubernat pr••erat, puta Doctior. Pastor. Pres∣byter. pag. 158. Neither is there so great and material a Difference betwixt the two sub∣divided parts of the Parliament side [The Presbyterian and Independent] as for a quar∣rel to continue and depend upon: The wisdom of that Court hath taken away the virulency of any quarrel which might happen betwixt them two, by constituting the one, yet with respect had to the tendernesse of Conscience in the other; Although the one be fully declared for by the Lords and Commons in the Parliament in their solid and satisfactory Declaration this present April, yet with a due regard had to Tender consciences not differing in Fundamentals of Religion, that they also may be provided for, &c. wherefore it is rather Luxury, Pride of Wit, and contempt of Authority, then any object of a real difference which animates and maintains these quarrels.
• * 1.102

  See the Rela∣tion, pag. 131.
• * 1.103

  ☞
• * 1.104

  Page 119.
• * 1.105

  Page 135.
• * 1.106

  Page 16.
• * 1.107

  Suprema Lex salus Populi.
• * 1.108

  See the matter, means and definition of a Peace, and the contrary thereto, quoted out of several Authors by Mr. Lambard in his Eyrenarch, lib. 1. cap. 2. pag. 9.
• * 1.109

  Que nihil habet in sidiarum Ci∣cer.
• * 1.110

  Bracton lib. 4.
• * 1.111

  Cicer. pro Se∣stio.
• * 1.112

  Westminst, 1. cap. 1. Rich. 2.
• * 1.113

  The PRO∣POSITI∣ONS to be sent suitable to the present ex∣igent in hand, viz. the Preservation of the Honor and just Power of a King displeased, the Parliament and people threatned are not of a tumultuary and easie dispatch, not to be concluded in haste, nor quarrelled with for the delay in sending them, when as many interveening accidents may give occasion for altering them: Nor can every looker on be a fit Dicta∣tor or judge in this most weighty Cause and Controversie touching the quality and fitnesse of what is to be insisted on; the Parliaments most choice, elaborate and well weighed Councels are no more then needs to deliberate, compute, and a long time to be advising what is once and for ever to be established, that His Majesty may be no more a loser, nor the welfare of His Subjects (which is the foundation of His happinesse) endanger∣ed for the future: If the PROPOSITIONS be too high. His Majesty may think the Parliament to be His King, and Himself may seem to stoop too low and beneath His Soveraignty to grant and sign them; If they be of too low and short assurance to secure the Subjects peace; The Parliaments forepast Acts and Councels are wholly frustrate, the labour of their endeavors lost: And what is like to be the sequel, any man may guesse.
• * 1.114

  Cicer. Senec.
• * 1.115

  See His Let∣ter, March 1646.
• * 1.116

  Hosea 11.
• * 1.117

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Euripid. The French call Mistrust the Mother of Wisdom.
• * 1.118

  Although in those vast Ar∣mies there are Papists on ei∣ther side, yet take them ei∣ther in degree or number, the Spaniard, Emperor and their confederates, consist only or for the most part of Papists.