Self-will they broke down a Wall CHAP. V. Vpon His Majesty's passing the Bill for the Triennial Parliaments and after settling this during the Pleasure of the two Houses PArliaments saith Sir Robert Cotton are the times in which Kings seem less than they are His Reign of Hen. III. p. 1 and Subjects more than they should be A smart Character whether we respect those Paaliaments of Henry the Third of whom it was spoken or that Parliament of 1640. of which we are now speaking And yet they are become so congenial and as it were bred up and embodied with the English Temper which as it naturally relishes nothing but what comes from them so it rarely disputes any thing that is transacted by them that some have thought this might be one reason that inclin'd His Majesty to pass these Bills though for my part I 'll believe no Man against the King when he says That the World might be confirm'd in my Purposes at first to contribute what in Justice Reason Honour and Conscience I could to the happy Success of this Parliament which had in me no other design but the general good of my Kingdoms I willingly passed the Bill for Triennial Parliaments Which as gentle and seasonable Physick might if well applied prevent any Distempers from getting any head or prevailing especially if the Remedy prov'd not a Disease beyond all Remedy And as to the other for settling this during the Pleasure of the Houses An Act saith the King unparallell'd by any of my Predecessors yet granted on an extream Confidence I had that my Subjects would not make an ill use of an Act by which I declar'd so much to trust them as to deny my self so high a Point of my Prerogative c. Whereas saith our Answerer He attributes the passing of them to his own Act of Grace and willingness as his manner is to make Vertues of his Necessities he gives himself all the Praise and heaps Ingratitude upon the Parliament to whom we owe what we owe for those beneficial Acts but to his granting them neither Praise nor Thanks No! and by what Law I would fain know is the King obliged to pass every Bill that is offered him He swears 't is true to defend the Laws i. e. Such Laws as are then in being but that obliges him to no futurity in granting every thing whether good or bad that shall be offer'd him And therefore unless he had shewn at least some one Act of Parliament that had not the Royal Assent to it he might with more Modesty have acknowledged that it was in the King's Option whether to have passed these Acts or not Sir Ed. Coke 4 â—â—nst 25. because neither of the Houses singly not both of them together can make any binding Law without the King's Concurrence which gives the Embryo Life and quickens it into 〈◊〉 Law But saith he The first Bill granted lesâ— than two former Statutes yet in force by Edward the Third that a Parliament should be called every Year or oftner if need were Very well anâ— there being no more in it it is somewhat strange methinks how the King could be necessitated to the passing it or that the Houses eveâ—â— desired it When all that he says to it is Thaâ— the King conceal'd not his unwillingness in testifying a general dislike of their Actions and told theâ— with a Masterly Brow that by this Act he had obliged them above what they had deserved And truly if the King had said it or given thaâ— Masterly Brow for which yet he brings nâ— Voucher but himself those subsequent Acts oâ— Parliament which repeal'd both these Acts have sufficiently evidenc'd their particular dislike of them also in that they nulled them And how well they were pleas'd with their Persons or their Actions the Statute of the 12th of Charles the Second before-mention'd may satisfie any Man And as to the other Act for settling their sitting c. The King saith he had by his ill Stewardship and to say no worse the needless raising of two Armies intended for a Civil War beggar'd both himself and the Publick Left us in score to his greedy Enemies their Brethren the Scots to dis-engage which great Sums were to be borrow'd which would never have been lent if he who first caused the Malady might when he pleas'd reject the Remedy And from thence and other the like dross meerly thrown in to help out Weight which yet he never gives he comes to this That it was his Fear not his Favour drew that first Act from him lest the Parliament incens'd by his Conspiracies against them should with the People have resented too heinously those his doings if to the suspicion of their danger from him he had also added the denial of this only means to secure themselves And now to examine it a little he charges the King with the needless raising two Armies intended for a Civil War What the Houses then intended was afterwards visible by its Effects a Civil War But that the King should intend it and at the same time divest himself of his Power is manifestly ridiculous For as he says himself 1641. this Bill was pass'd in May whereas the King besides his Journey into Scotland retired not from Whitehall till above half a Year afterwards and when he left it considering their respective Conditions might have as truly said Cum baculo transivi Jordanum istum And how then could he intend a Civil War Having as our Accuser says so beggar'd himself For what concerns the King's Enemies and their dear Brethren I refer it to its proper Place And for what relates to the Sums of Money to be borrow'd besides what I have already shewn how they were dispos'd of Chap. 1 I add this That they could not have put the Kingdom into a Posture of a Defence i. e. â—â—â—'d a Rebellion without it And withal considering that the King set not up his Standard till the August following 1642. he must have been much shorter sighted than our Answerer all along endeavours to make him to have design'd a War without Sir Edward Coke's Materials Firmamentum belli Ornamentum pacis which the Houses having taken his Revenue into their Hands all the World knew he wanted But the 〈◊〉 â—ot yet run to the end of the 〈…〉 King taxes them for undoing what they found well done Yet knows they undid nothing but Lord Bishops Liturgy Ceremonies c. judged worthy by all Protestants to be thrown out of the Church But what Protestants were they that so judg'd it Those of the Church of England were I am sure of another Opinion and the temporal Laws of the Kingdom had sufficiently establish'd them And therefore since Interest had so blinded his Intellect that he world not see were he now living I could tell him wherein they had undone what they found well done And because there are many yet in being who perhaps may be willing enough to be satisfied
about Six Thousand tumultuously flock to Westminster crying Justice Justice against the Earl of Strafford Which within a day or two they second with a Petition On which the Earl less valuing his Life than the quiet of the Kingdom writes a Letter to the King whereby to set his Conscience at Liberty and by his own Consent prays him to pass the Bill which in a few days after was by Commission to the Earl of Arundel and three other Lords accordingly done with this Proviso That no Judge or Judges c. shall adjudge or interpret any act or thing to be Treason nor hear or determine any Treason any other way than they should or ought to have done before the making of this Act and as if this Act had never been had or made A modest Confession and that nothing but an Act of Parliament could affect him Nor unlike that Clause in an Ordinance of the King and Lords for the Banishment c. of the Lady Alice Pierce a Favourite of King Edward the Third's viz. That this Ordinance in this Special Case Mr. Seldâ—n's Privilege of Baronage 71 which may extend to a Thousand other Persons shall in no other case but this be taken in Example However after the Bill was pass'd the King as deeming They will reverence my Son wrote a Letter to the House of Lords with his own Hand and sent it by the Prince of Wales in which he interceeds for that Mercy to the Earl which many Kings would not have scrupled to have given themselves But 't was resolv'd and nothing would do And thus between Accumulative and Constructive Treason nor better prov'd than I have shewn before Sic inclinavit heros caput Taken from Mr. Cleveland Belluae multorum Capitum Merces favoris Scottici praeter pecunias Nec vicit tamen Anglia sed oppressit Or if my Reader had rather have it in English take it from that happy Flight of Sir Richard Fanshaw on that Occasion And so fell Rome herself oppress'd at length By the united World and her own Strength And yet not to leave his Memory in the Dust there is an Act of Parliament that vindicates all I have said in the matter and that is The Act for reversing this Attainder 13 14. Car. 2. c. 29. which says thus That the Bill of Attainder was purposely made to Condemn him upon Accumulative and Constructive Treason none of the said Treasons being Treason apart and so could not be in the whole if they had been prov'd as they were not And the Act further says It was procured by an armed Tumult the names of Fifty nine of the Commons that opposed the Bill posted by the name of Straffordians and sent up to the Peers at a time when a great part of them were absent by reason of those Tumults and many of those present protested against it For which Causes and to the end that Right be done to the Memory of that deceased Earl it was enacted c. That the said Act c. be repeal'd c. And all Records and proceedings of Parliament relating to the said Attainder be cancell'd and taken off the File c. to the intent the same may not be visible in after-Ages or brought in Example to the prejudice of any Person whatever Provided that this Act shall not extend to the future questioning of any Person c. however concern'd in this Business or who had any hand in the Tumults or disorderly procuring the Act aforesaid c. A shrewd suspicion that they thought that Act of Attainder was not so regularly obtain'd as it ought to have been for if it had what needed that Proviso And having duely considered this Act I think the Wonder will cease why the King was so dissatisfied in his Conscience touching the giving his Assent to that Bill of Attainder His Speech on the Scaffold or that the Lord Capel so publickly begg'd forgiveness of God for having given his Consent toward it At least I presume it may startle any Man that from such repeated Calumnies has not yet come to be of our Answerer's Opinion That there may be a Treason against the Commonwealth as well as against the King only A Treason not mention'd in 25 Edw. 3. or in any Statute since saving those of the late Usurper's making inasmuch as no Estate or Estates of the Realm make any thing of themselves but as joyned to their Figure the King And therefore passing the King 's most detested Conspiracy as he calls it against the Parliament and Kingdom by seizing the Tower of London bringing the English Army out of the North c. I leave him and his Stuff together and come to the Third CHAP. III. Vpon His going to the House of Commons I Said ere-while His Majesty might think the Lords would reverence his Son nor was in to be doubted whether the Commons would himself Especially considering the business he went about It was faith the King to demand Justice upon the Five Members whom upon just motives and pregnant grounds I had charged and needed nothing to such Evidence as could have been produced against them save only a free and legal Tryal which was all I desired Which fill'd indifferent Men with Jealousies and Fears yea and many of my Friends resented as a motion rising rather from Passion than Reason See says our Answerer He confesses it to â—an act which most Men whom he calls his Enemies cried shame upon indifferent Men c. as before He himself in one of his Answers to both Houses made profession to be convinc'd that it was a plain breach of their Privilege Yet here like a rottâ— Building newly trimm'd over he represents it speciously and fraudulently to impose upon the simple Reader c. Words insolent enough without adding the rest though it had not been from his Matter if he had told that simple Reader in which Answer of his Majesties he might have found that Profession However for the discovery of the Truth on both sides it may not be amiss to make a few steps backward that considering the occasion we may the better judge of the thing It had been advis'd to the King by the then Privy-Council of Scotland to send the Book of Common-Prayer to be receiv'd and us'd in all Churches of that Kingdom The King's Declaration 1639. which was accordingly order'd And in the Month of July 1637. publickly read in the great Church of Edinburgh The Kirkmen took fire at it nor wanted there some in England to fan the Flame which in a short time got that head that they invade England but finding the design not ripe enough yet they humbly submit and the business is smother'd Whereas had those smoaking Brands been sufficiently quench'd they had not made a greater Eruption the next Year During this time the King had gotten into the matter and calls this Parliament with a real intention of quieting all They begin where the last Parliament
cause them and having all along begg'd the Question as to the first makes the other as a consequence of the former The King saith he having both unwillingly call'd this Parliament and as unwillingly from time to time condescended to their several Acts first tempts the English Army with no less Reward than the Spoil of London to come up and destroy the Parliament But that being discover'd makes the like bait to the Scotch Army with the Addition of four Northern Counties to be made Scottish with Jewels of great value to be given in Pawn the while which they with much Honesty gave notice of to the Parliament Besides this a malignant Party was grown up The Rebellion of Ireland broke out a Conspiracy in Scotland had been made while the King was there against some Chief Members of that Parliament numbers of unknown seditious Persons resorted to the City the King upon his return from Scotland dismisses that Guard the Parliament thought necessary to have about them and appoints another which they discharge the People therefore lest their worthiest and faithful Patriots should want aid came in Multitudes tho' unarm'd to witness their Fidelity to them c. The King sends a Message into the City forbidding such Resorts the Parliament Petition the King for a Guard out of the City to be commanded by the Earl of Essex the King refuses it and the next day comes to the House of Commons and begins to fortifie his Court many are wounded whereof some died and so concludes it was no Tumult Or if it grew to be so the Cause was in the King himself who both by hostile Preparations and an actual assailing the People gave them just cause to defend themselves Which saving the scandal of his wording it is the full substance of his 24th 25th 26th 27th Pages Wherein also how far he has begg'd the Question I appeal to every unbiass'd Reader How willingly the King call'd this Parliament Chap. 1 I have already shewn And why he so unwillingly pass'd the Bill of Attainder against the willingly pass'd the Bill of Attainder against the Earl of Strafford I have not been wanting to it and if he had never condescended to several of the Bills pass'd this Parliament Chap. 2 and since repeal'd he had not with one hand cut off the other But when he calls them their Acts I am to seek what he means The office of the two Houses is Preparative and Consultive but the Character of the Power rests in the final Sanction which is the King The passing a Bill is but the granting a Request the two Houses make the Bill but the King makes the Law and 't is the Stamp not the Matter that makes it currant Then for that ridiculous Sham of the Spoil of the City of London c. He might as well have added the blowing up the Thames and drowning the City and altogether as probable unless he had prov'd at least somewhat towards it The Rebellion of Ireland 't is true was broke out and they had gotten Four Hundred Thousand Pounds towards the reducing it but what they did with those Moneys I have shewn before And for the Conspiracy of Scotland c. A malignant Party growing up unknown seditious Persons resorting to the City c. Why added he not the Pope's Marrying thâ— Great Turk's Sister For who besides himself ever heard of this Scottish Conspiracy against any but the King And for that new coinâ— Word Malignant Party if he means the King Friends they had an Act of Parliament foâ— their Warrant 11 Hen. 7. c. 1. but for those unknown Seditioâ—â— Persons 't is somewhat strange methinks 〈◊〉 should call them Seditious and not know wâ—â— they were unless it were in Contradistinction 〈◊〉 his own Party whom all the World visibly faâ— to be such And for the King 's discharging those Guarâ— the Parliament thought necessary c. And thâ—â— discharging those other that he had appointed the. They were legally conven'd by the King'â— Writ and the same Law was a full Security tâ— them But by what Law they could take Guard to themselves without the King's Coâ—sent I think the best of our Lawyers may bâ— yet to learn And when to gratifie their Inclâ—nations the King had appointed them anotheâ— which they discharg'd what was it but to spâ—â— a defiance in his Face For my part I speaâ—â— plain English and let my Reader judge between this our Answerer and me whether his Therefore the People came in Multitudes c. be a suffâ—cient Justification of those Riots The King saith he forbad those Resorts c. and no doubt justly for it was no more thaâ— what the Law had forbidden to his Hand 〈◊〉 call'd them Riots but take it thus Theâ—â— came to the assistance of that Parliament whâ—â—â— were then compassing and imagining to levâ—â— a War against the King the overt act of which was That they did actually levy it I 'll run it no higher Though I have heard it said Fascinus quos inquinat aequat However the Parliament Petition the King for a Guard out of the City c. Which because it falls more naturally under the subsequent Matter I leave it till then and in the mean time ask any Man whether from these Premises he has rightly concluded that they were no Tumults or if they grew to be so the cause was in the King himself c. more than as an honest Man fighting with a Thief in defence of his Purse and is kill'd by him may be said to be the cause of his own death And thus Men like Pythagoras's Scholars take things by the wrong Handle whereas if they took it by the right it would be quite another Matter and as near as I can I 'll open the truth of this The Scottish Invasion had been accommodated at Rippon some Months before this Parliament sate nor had the King yet lost the Reverence he had in the Hearts of his People who all stood waiting what this Parliament would do when instead of healing the Breaches they rather widen'd them in falling upon the old Trade of Grievances Popery and Arbitrary Power and that they might the better single him from his Friends and thereby deprive him of such as had either Wisdom Authority or Courage to prevent or oppose their further Designs they first fall upon those that had either Written or Preach'd in defence of those Rights of the Crown they intended to Usurp and arraign his Actions in his Ministers some of which are Imprison'd others fly And on the other hand set at liberty such as had been sentenc'd for Seditious Writing and Preaching against him and bring them to London in Triumph to trâ—â— how the People would be pleas'd with it anâ— consequently how their endeavours to draw thâ—â— Peoples Affections from the King had already succeeded and the general Applause on this occasion gave them no weak assurance of it And now having gotten from the King thâ—â— Eyes of Argus
in the matter I shall not be shie in it It is and ever was the Law of England that the sole supream Government Command and Disposition of the Militia and of all Forces by Sea and Land and of all places of Strength is and ever were the undoubted Right of His Majesty and of his Royal Predecessors Kings and Queens of England Or else what means that of Fitz-Herbert Nat. Brev. p. 113. It is the Right of the King to defend his Kingdom To make Leagues and denounce War only belongs to the King 7 Coke 2â— as a Right of Majesty which cannot be conferred upon any other And how can he do it without the power of the Sword that is the sole Command of the Militia To levy War within the Realm without Authority from the King unto whom it only belongeth Id. Coke 3 Inst 9. was High Treason at the Common-Law before the Statute de proditionibus 25 Ed. 3. And a latter Statute not introductive of a new Law but declaratory of the old Law has the very Words touching the sole Command of the Militia 13 Car. 2. c. 2. c. before-mention'd with this farther That both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can or lawfully may raise or levy War offensive or defensive against his Majesty his Heirs and lawful Successors Short View c. Fol. 86. And was confest by themselves when they acknowledg'd the Militia an inseparable Flower of the Crown and subject to no command but his Authority And yet contrary to this known Law these two Houses not only Petition the King That the Tower of London c. as before be forthwith put into such Hands as shall be recommended to him by both the Houses but upon his recess from Whitehall send him a Peremptory Petition That unless the King by those Commissioners then sent assure them of their former desires Mar. 1. 1641. Rushw Col. Fol. 92. they shall be enforced to dispose of the Militia by the Authority of both Houses which upon the King's refusal Sir Will. Dugdale 's Short View p. 85. they Vote a Denial and dispose of it themselves And now they begin to unpin the Mask and publish a Declaration wherein they say That what the Houses declare for Law ought not to be question'd by the King That the Sovereign Power resides in both Houses That the King ought to have no Negative Voice That Treason cannot be committed against the King's Person otherwise than as he is entrusted with the Kingdom and discharges that Trust and that they have a Power to judge whether he hath discharged that Trust or not 7 Coke 11. Fine dainty Law And the Spencers Treason in Edward the Second's time but better improv'd In the May following they fall a-branching it into nineteen Propositions Rushw 307. V. The Statutes at large many of which are but the substance of those Acts pass'd by Edward the Third in the fifteenth of his Reign and revoked by him the same Year as derogatory to his Crown and send them to the King which being refus'd by him they Vote The King intended a VVar upon them and thereupon raise an Army and suffering the Mask to drop off make Essex General thereof 12 Jul. 42. and farther Vote They will live and die with him On which the King sets up his Standard at Nottingham the August following Nor will I carry it further at present because I design not a History but only to shew which of the two the King or the Houses intended a Civil VVar and whether they did not undoe what they found well done In short their Endeavours were to strip the King of what God and the Law had given him the King 's was but to keep what he ought to have and therefore viewing both by a true light How can the King be justly charg'd with intending a VVar when it was in a manner but a suing for his own CHAP. VI. Vpon his Majesty 's retirement from Westminster WITH what unwillingness saith His Majesty I withdrew Westminster let them judge who unprovided of Tackling and Victual are forced to Sea by a Storm yet better do so than venture splitting or sinking on a Lee-Shoar And if the Parallel held not in all its Parts our Answerer had done well to have shewn in which it fell short whereas instead thereof he only says He was about to have found fault with the Simile as a garb somewhat more Poetical than for a Statist and finds it the strain of other of his Essays But what 's this to the matter farther than that in the Words His Essays a Truth slipt from him unawares in confessing them to have been written by the King and not by his Houshold Rhetorician as before But to the Argument saith he and I follow him with this by the way to my Reader That he would consider how the Houses had depriv'd the King of his Friends disrobed him of his Power trampled his Authority affronted his Person baited him with a Rabble and left him nothing but what could not be taken from him a good God and the satisfaction of a Conscience founded on a Compositum jus fasque animo Sanctosque recessus Mentis incoctum generoso pectus honesto And then tell me in what condition he was when he left Westminster I stay'd at Whitehall saith His Majesty till I was driven away by Shame more than Fear to see the barbarous rudeness of those Tumults c. a thing so true for matter of Fact that being not able to deny it our Answerer turns it thus That in the whole Chapter next but one before this the King affirms That the danger wherein his Wife his Children and his own Person were by those Tumults was the main cause that drove him c. Whereas what the King and that but in one place of that Chapter says of it is this That he thought himself not bound to prostitute the Majesty of his Place and Person and the safety of his Wife and Children to those who are prone to insult most when they have objects and opportunity most capable of their rudeness and petulancy With this other from Digby as he calls him who knew his Mind as well as any That the principal cause of his Majesty's going thence was to save them from being trod in the Dirt. And where in the name of Goodness lies the Contradiction The Tumults were such they might have been call'd Legion and well make a King asham'd to see them and not be able to disperse them But a direct Fear it could not be in him whom Ille timorum Maximus hand urget Lethi timor and who refused Life at the price of an inglorious Submission And yet in the Case of a private Person was not this ground enough to apprehend a danger and the consequence of it to be trod in the Dirt How much more then in the Case
Governour and upon the King 's coming before Hull attended only with his own Servants and some Gentlemen of the Country audaciously shut the Gates against Him and standing upon the Wall denied him Entrance Upon which the King as by Law he might proclaim'd him Traytor A Cholerick and revengeful Act says our Answerer to proclaim him Traytor before due process of Law having been convinc'd so lately before of his Illegallity with the five Members Goodly goodly and yet at the same time doubts not to tax the King of a Treasonable Act in borrowing Moneys upon his own Jewels Not unlike the Parliament 41 Hen. 3. who took notice of the Lye given to Montfort Daniel's Hist of Eng. 171. and 175. Earl of Leicester by William of Clarence but not of the Lye given the King by the said Leicester But the Point between us lies narrow A Man with Train'd-Bands holds and defends a place of Strength against the King The question is whether this be a levying of War within the Statute of the 25th of Edward the 3d. Sir Edward Coke shall answer for me 2 Inst 10. If any with Strength and Weapons invasive and defensive doth hold and defend a Castle or Fort against the King and his Power this is levying of War against the King within the Statute of 25 Edward 3. And in the leaf before he says It was High Treason by the Common Law to levy War for no Subject can levy War within the Realm without Authority from the King for to him only it belongeth Le Roy de droit doit saver defender son Realm Fitz. N. B. 113. a. c. And therefore this being the Case wherein may it be said that the King was to blame And lastly for what concerns this Gentleman's Catastrophe and whether Hotham were more infamous at Hull or at Tower-Hill no less ignominiously pretended to be answer'd it may be enough to satisfie any Impartial Man that he repented and came in though it were at the last Hour and for the rest he stood and fell to his own Master CHAP. IX Vpon the Listing and raising Armies against the King I Find saith His Majesty I am at the same Point and Posture I was when they forced me to leave Whitehall What Tumults could not do an Army must which is but Tumults listed and enroll'd to a better order but as bad an end To which our Answerer thus replies It were an endless work to walk side by side with the verbosity of this Chapter only to what already hath not been spoken convenient Answer shall be given But what that Answer is see He begins again with Tumults all the demonstration of the Peoples Love to the Parliament was Tumult their Petitioning Tumult their defensive Armies were but listed Tumults and will take no notice that those about him those in a time of Peace lifted in his own House were the beginners of all these Tumults abusing and assaulting not only such as came peaceably to the Parliament at London but those that came Petitioning to the King himself at York Neither abstaining from doing Violence and Outrage to the Messengers sent from Parliament himself countenancing or conniving at them Which is the Substance of what our Accuser says to this verbose Chapter as he calls it An old Figure in Politicks to Calumniate stoutly till somewhat stick to a Prejudice But where lay this Love of the People that they must needs express it in such a Tumultuary way God Almighty is more pleased with Adverbs than Nouns and respects not so much the Justice or Lawfullness of the thing as that it be Justly and Lawfully done and I think the Case was not such here Three or more gather'd together do breed a disturbance of the Peace Mr. Lambert ' s â—irenarchâ— Lib. 2. c. 5. either by signification of Speech shew of Armour turbulent Gesture or express Violence so that the peaceable sort of Men be disturbed or the lighter sort embolden'd by the Example It is Turba a Rout And it has been said Decem So Kitchen page 20. multitudinem faciunt Ten make a Multitude What then must ten times ten not to say Hundreds and Thousands arm'd with Swords Clubbs Staves as many of these Demonstrators of their Love were Chap. 4 and throwing out Seditious Language as I have shewn before the did O but their Business was Petition The same said the Barons and Commonalty at Running-Mead in the 17th of King John But what came these for What but Matters that no way concern'd them Justice Justice against the Earl of Strafford Chap. 2 yet the Parliament of the 14th of Char. the 2d calls them arm'd Tumults as before For putting the Tower of London into confiding Hands Chap. 4 A City Guard for the Parliament And the Kingdom into a Posture of Defence c. But still what was this to them As if a Parliament must be beholding to a Fescue And their defensive Armies saith he were but listed Tumults So that now as a last Shift he turns the Question to a Quis prior induit arma When all the World knows That the Defensive part of it was the King's and the Parliament were the Aggressor's in that they had made their Associations rais'd an Army some Months before and made Essex General thereof the 12th of July 1642. Whereas the King set not up his Standard until the August following But stay say the King in defence of his Right had first drawn his Sword what Law of England warranted theirs When besides what Sir Edward Coke of whom so lately says No Subject can levy War without Authority from the King it appears that the ancient Law of England was ever such or the Parliament had never declar'd That both 1 Cat. 2. c. 2 or either of the Houses of Parliament neither can or lawfully may raise or levy War offensive or defensive against the King c. And will take no notice that those about him were the beginners of those Tumults That the King had his Guards about him was no more than what became the Majesty of a King and that the Loyal Gentry made their Appearances at Whitehall when they saw it beset with a kind of Gebal and Ammon and Ameleck a confus'd conflux of People which also the King had forbidden was but the least of their Duty But when he talks of listing and abusing and assaulting such as came peaceably to the Parliament and doing Violence to the Messengers sent from them it is such a Rapsodie of Stuff that no Man can credit upon his single Authority And therefore I leave it as I do the rest of this Matter it being either such as I have before spoken to or such as no Man that had not a hand in those Mischiefs had ever vented Yet before I go off to another I cannot but take notice how he says The King twits them with his Acts of Grace Proud and unself-knowing Words in the Mouth of any King who
would think to have prov'd where when and how at least rendred it probable that there was once some such thing done though the Grant be lost And if they took it themselves it was Unjust in its Original and consequently they had no more Right to chuse their Kings than Children have to chuse their Fathers And yet from this false Position magisterially determines That Kings do no Acts of Grace and Bounty but in discharge of their publick Duty The Sum of the King's Discourse saith he is against settling Religion by violent Means and yet never did thing more eagerly than to molest and persecute the Consciences of most religious Men and made a War and lost all rather than not uphold an Hierarchy of persecuting Bishops That Consciences are not to be forced but to be reduced by force of Truth aid of Time and use of good Means of Instructions and Perswasions was his Principle as well as Queen Elizabeth's but saith Sir Francis Walsingham concerning the Queen's proceedings in the like Cases Causes of Conscience when they exceed their Bounds V. Hist of the Reform Part 2. f. 418. and grow to be matter of Faction lose their Nature and Sovereign Princes ought distinctly to punish their Practices and Contempt though colour'd with the pretences of Conscience and Religion And according to this saith he the Queen proceeded And if the King also did distinguish Faction from Conscience and Tenderness from Singularity blame the Law not him But He obtruded new Ceremonies upon the English and a new Liturgy upon the Scots with his Sword Saving the Reverence of the Thing it is Indifferent whether a Man Preach with his Hat on or hung upon a Pin the Hugonots have one way and the English another The same also may be said of Ceremonies but how indifferent soever they are in themselves when they are once commanded the indifferency ceases in the Law that enjoyns them And for that other of the Liturgy upon the Scots the King obtruded it not on them much less with his Sword because it was sent them at their own Request as I have shown before But admitting their Kirk liked it not what had they to do with a Church that did Or what Authority had Tweed to reform Thames least of all to give Law to their King and that too with beat of Drum and Colours displayed Especially when one of their own Acts of Parliament says Continuation of Sir R. Baker f. 514. That it should be damnable and detestable Treason in the highest Degree to levy Arms or any Military Forces upon any pretext whatever without the King 's Royal Commission Nor is this all For their National Covenant oblig'd them to his Defence or else what means this Expression in it Sir W. Dudg his short View f. 132. That whensoever his Majesty's Honour and Interest should be in Danger they would as one Man obliged by the Laws of God and Man apply themselves to his Succour and Defence And the Chancellor and others the Lords of that Kingdom had by their Letter of 1. July 1643. assured his Majesty That no Arms should be raised without his special Commission And after all this and contrary to the Common tye of Nature to run into open Rebellion against him What may it mean I 'll tell ye This Matter had been hatching ever since the Third of his Reign and though the Chick appear'd not till the Year 1637 yet it could run about with the Shell upon its Head and it wanted not Friends in England to keep it alive till it could feed it self and if it liked not one Barn-door take to another The Metaphor is too visible to need Application There was a kind of a Kirk Party in England that finding the King firm to his Principles knew there was no better way to deal with him than by reducing him to Necessities to the end that being forc'd to extraordinary means for Supply he might disgust the People and consequently attract an Odium But what 's a Bow without a Bowman The Scots and they made but one Kirk Money was the Nerve that would keep them together and what need many words among Friends Nor were they long without the occasion of shewing their Fidelity The new Liturgy as before had been sent to Edinburgh The Scots presently take the Alarm are quieted again but lost nothing by it and in return make the King all Protestations of future Loyalty How comes it then you 'll say that it was not long after that they invaded England and after that took Arms for the Parliament against the King The Case is plain the King had no Money the Houses had or at least knew where to get it Nor will it be unworth any Man's while to see what that was They had as a Relief to the Scots for their Losses 17 Car. 1. and a supply of our Brethren of Scotland for so the Act words it 220000 l. rais'd for them by Act of Parliament By an Ordinance of Lords and Commons Vid. Hughes's Abridgement of Acts and Ordinances p. 92. 27 Octob. 43. 66666 13 4. for their Brotherly Assistance in the defence of the common cause of Religion and Liberty By a like Ordinance Feb. 20. 1644. 21000 l. per Mens Id. p. 178. for the maintenance of the Scots Army under the Earl of Leven Further confirm'd Id. p. 197. June 13. 1645. Continued for four Months more Id. p. 220. 25 Aug. 1645. By a like Ordinance Id. p. 201. June 20. 1645. 130000 l. for enabling the Scots Army to advance Southward And by a like Ordinance Decem. 3. 1645. 31000 l. Id. p. 237. for payment of the Scots Army Besides all which I find in the continuation of Sir Richard Baker Fol. 611. Several other Moneys rais'd for the Scots which because they agree neither in Sum nor time I thought fit to transcribe and leave it to my Reader to judge of it as he thinks fit Taxed by them in 16 Car. 1. 350 l. per diem on the Bishoprick of Durham and 300 l. per diem on the County of Northumberland on the penalty of Plundering In the 20th they were impowered by Parliament to assess for themselves the twentieth part of the North c. In the 21st sent them 30000 l. to induce them to besiege Newark In the 22d 200000 l. more for delivering up the King And another 200000 l. secur'd them out of the publick Faith And 16000 l. allowed them for the charge of their Carriages All which I leave as I said to my Reader to judge and whether notwithstanding all that cry of Religion and Loyalty it far'd not with them like Atalanta in the Fable Declinat cursus Ovidâ—◠〈◊〉 l. 10. Fâ—â— 15. aurumque vâ—luâ—ile tollit And truly considering all if they were not well paid for their Pains I wish they were CHAP. XIV Vpon the Covenant UPON this Theam saith our Answerer his Discourse is long his Matter little
the Power of levying Money to maintain it for twenty Years 2. That the King justifie the Proceedings of the Parliament in the late War and that all Declarations c. against them be declared void 3. That all Titles of Honour conferr'd by the King since the Great Seal was carried to Oxford in May 1642 be taken away 4. That the Parliament might adjourn themselves when where and for what time they pleas'd But the King refusing to grant them the Parliament Vote there should be no more Addresses made him And upon Cromwell's laying his Hand upon his Sword and telling them the People expected their Safety from them and not from a Man whose Heart God had hardned the Vote of Non-Addresses was made into an Ordinance and that it should be High-Treason to receive any Message from him And now Compassion for the King's Sufferings with the discovery of their Hypocrisie had begotten such a general Indignation against the Parliament that all Wales declare for the King The Surrey Men Petition the Parliament for a Personal Treaty the same was Kent coming up to have done but seeing how evilly those of Surrey had been Treated they threw away their Petition and took Arms under the Earl of Norwich The same did others at Maidstone Black-heath Kingstone c. Which though they were all defeated yet the Houses seeing how the Inclinations of the Kingdom went and Cromwell being out of the way in securing Edinburgh they revoke their Ordinance of Non-Addresses and send the King new Propositions not much easier than the former and upon his Answer to them they sent Commissioners to treat with him at Newport in the Isle of Wight Sept. 2. 16â—â— the Treaty to be transacted with Honour Freedom and Safety in which the King made such Concessions Decemb. 5. 16â—â— that it was resolv'd upon the question by the Commons That the King's Answers to the Propositions of both Houses are a ground for the House to proceed upon for the settling the Peace of the Kingdom But it seems they had been so long dodging about Trifles that Cromwell was come to London before any thing was done Nov. 20. 1648. For Fairfax and the General Officers had remonstrated and amongst other things requir'd That the Capital and grand Author of our Troubles the Person of the King be brought to Justice for the Treason Blood and Mischief he is therein guilty of c. But the Presbyterian Party standing strong to the Resolve aforesaid a Guard is set upon the House the major part of the Members are excluded and the King made a closer Prisoner in Carisbrook-Castle which brings me to these His Majesty's Meditations upon Death In which as from the precedent of several of his Predecessors both of England and Scotland well he might he makes this Judgment That there are but few steps between the Prisons and Graves of Princes And now we 'll see what this Accuser says when having lopp'd off more than three quarters of the Title that he may bring the rest to his own Model he goes on All other humane things are disputed and will be variously thought of to the World's end but this business of Death is a plain Case and admits no Controversie Nevertheless since out of those few mortifying Hours he can spare time enough to inveigh bitterly against that Iustice which was done upon him it will be needful to say something in defence of those Proceedings And makes this his Justice the Justification of that horrid Parricide from that universal Law Whosoever sheddeth Man's Blood by Man shall his Blood be shed And that other of Moses Ye shall not take Satisfaction for the Life of a Murtherer No exception in either of them And well may he call it Iustice when he so often blasphemes God in making him the Favourer of those the before unheard-of Villainies of that Usurpation and Tyranny as here also so wretchedly detorts Scripture to give it a Colour Whereas it was Injustice it self in its very Foundation as being directly contrary to the Law of God the Law of the Land and the Practice of the Jews from whom he draws his Authority To the Law of God whereby we are commanded First Negatively not to think ill of the King Curse not the King Eccles 10.20 no not in thy Thoughts Much less then may we speak it Thou shalt not speak Evil of the Ruler of thy People Exod. 22.18 Least of all may we do him hurt Touch not mine Anointed Secondly Affirmatively Psal 105.25 To Honour him as by the fifth Commandment and that with a Blessing annex'd to it That thy Days may be long in the Land To keep his Commandments Eccles 8.2 4. and that in regard of the Oath of God Neither may we give him any cause of Anger Prov. 20.2 for he that provoketh him sinneth against his own Soul And if thus far be true then I am sure it was Injustice to murther him To the Law of the Land Where besides what I have before said to the Soveraignty of the Crown of England to imagine the King's Death Chap. 6 To levy War against him in his Realm 25 Ed. 3. c. 2. or adhere to such as do so that it proveably appear by some Overt Act is High-Treason 3 Inst 12. The like is the Preparation by some Overt Act to take the King by force and strong hand and imprison him until he hath yielded to certain Demands And what must it then be to sit in Judgment upon him â— Ed. 3.19 who having neither Equal nor Superiour in his Realm cannot be Judged And greater than this what must it be to murther him And lastly contrary to the Practice of the Jews from whom he draws his Authority The Israelites had a hard Bondage under the Egyptians 〈◊〉 12 37. and yet that Moses whom he quotes and Six Hundred Thousand Footmen with him besides Children and a mix'd Multitude fled from Pharaoh 1 Sam 22.2 but did not rebel against him David in the head of an Army and those if we consider the Persons desperate enough fled from Saul And Eliah from Jezabel Seven Thousand Men yet left in Israel who had not bow'd their Knees to Baal 1 Kings 19.18 So that if Scripture Law or Practice have any Authority I think I need not labour the matter to prove it execrable as well as unjust Besides with what common Modesty could he tax the King with Blood when the Houses had form'd an Army so long before him as I have shewn before And therefore who shall be or was ever said to be guilty of the Blood spilt in a War the Aggressor or the Defendant when the Law chiefly regards the Original act Nor will Success more be able to alter the Nature of it than as says His Majesty The prosperous Winds which often â—ill the Sails of Pyrates do justifie their Pyracy and Rapine And were that true saith he which is most false
That all Kings are the Lord 's Anointed it were yet absurd to think that the Anointment of God should be as it were a Charm against Law I know not what he means by that all Kings Saul was David was and particularly laments the fall of Saul As if he had not been anointed with Oil. 2 Sam. 1.11 And I never found any reason to doubt but that all Christian Hereditary Kings are the same too and consequently exempt from the Law forasmuch as concerneth the coactive force of the Law though not forasmuch as concerneth the directive Power of the Law Lord â—leâ—meâ—'s post â—â—ti 106. Subjects are bound to fullfil the Law by necessity of Compulsion but the Prince only by his own Will in regard of the common good For seeing the Law is but a kind of Organ or Instrument of the Power that governeth Hist of the World 29â— it seems saith Sir Walter Rawleigh that it cannot extend it self to bind any one whom no humane power can controul or lay hold of And therefore till I find better Authority for this his Iustice than he has yet given I shall look upon it as I do on the rest of his Book a thing meerly stuffed out to deceive the People If Subjects also by the Law of the Church so much approv'd by this King be invested with a Power of Judicature both without and against their King it will be firm and valid against him though pretending and by them acknowledg'd next and immediately under Christ Supream Head and Governour But what King or Queen of England besides Henry the Eighth Edward the Sixth and Queen Mary for her two first Years ever us'd that word Head Or in what Age was it that the Church of England ever pretended a power of Judicature both without and against their Kings He says if they are invested with such a Power but shews not that they are and instead thereof tells us that St. Ambrose excommunicated Theodosius the Emperour which he calls a Spiritual putting to death The like did St. German by Vortiger And two other Kings of Wales excommunicated by their respective Bishops Subjects of those Kings And admitting it I never heard that any of those Bishops ever perswaded the People that it was lawful to Murther those Kings or how does it make out this his Iustice against the King 'T is a shrewd sign a Man is sinking when he takes hold of Twigs Then he comes up with the particular Laws and Acts of Greece Athens Sparta Rome c. But what 's that to England must we be govern'd as they were Their Laws were for it the Laws of England directly against it Nor is there any Country whatever but has its particular Laws or Customs If a Man steal an Oxe or a Horse in the Isle of Man it is no Felony 4 Inst 285. for having no Woods the Offender cannot hide them but if he steal a Capon or a Pig he shall be hang'd for it But what need we saith he search after the Laws of other Lands for what is so fully and so plainly set down lawful in our own Where antient Books tell us Bracton Fleta and others that the King is under the Law and inferiour to his Parliament As for Bracton the Words that he means may be perhaps these Rex habet Superiorem Deum scilicet Item Legem per quam factus est Rex Item curiam suam viz. Comites Barones The King hath a Superiour to wit God But doth not say Superiours in the Plural Number Also a Law by which he is made King i. e. He hath a Law but says not a word of Punishment Also his Court to wit his Earls and Barons Not a Court as if it were of some others Constitution but a Court of his own Where the word habet in Propriety of Latin is necessarily understood 1 Inst 1. Or otherwise he would be contradictory to himself when he saith Omnis sub Rege Bra. l. 4. c. 24. S. 5. c. Every Man is under the King and he is under none but God He is not inferiour to his Subjects and hath no Peer in his Realm But saith no where that he is under the Law and inferiour to his Parliament which word his sufficiently denotes where the Superiority lies And for Fleta he saith Lib. 1. c. 17. f. 16. None can judge in Temporal Matters but only the King and his Substitutes Id. F. 66. And he hath his Court in his Council in his Parliaments c. And for the Mirrour of Justice a Book written in Edward the First 's time that says Mirâ— 232. Jurisdiction is the chief Dignity that appertains to the King And for what concerns the King's Oath it has been several times altered since that And what this King's Oath was I have particularly shewn before Chap. 6 Those objected Oaths of Allegiance and Supremacy we swore not to his Person but as it was invested with his Authority The same said the Spencers in Edward the Second's time but it was condemned for Treason by two Acts of Parliament 7 Coke 11 12. And Sir Edw. Coke calls it a damnable detestable and execrable Treason For Corps natural le Roy politique sont un Corps Plowd 213.234.242 and are inseparable and indivisible for both make but one King 4 Inst 46. The death of the King dissolveâ— a Parliament Now if this referr'd only to his politick Capacity the Parliament would continue after his Death because a Body Politick never dies And now as the Covenant once help'd the Houses at a dead lift it must do our Accuser the like Job at parting or this his Iustice will be little beholding to it Certainly no discreet Person can imagine it should bind us to him in any stricter Sense than those Oaths formerly And truly I must approve him when he deals ingenuously no certainly it did not for they broke all three The intent of the Covenant as it was to extirpate Prelacy to preserve the Rights of Parliament and the Liberties of the Kingdom so they intended so far as it might consist with these to preserve the King's Person and Authority but not otherwise for that had been to swear us into Labirynths and Repugnancies We vow'd farther to bring Delinquents to open Tryal and condign Punishment So that to have done so by the King hath not broke the Covenant but it would have broke the Covenant to have sav'd him the chief Actor as they thought him at the time of taking that Covenant Ye have heard what he says and I leave it to every Man to apply it as he pleases But because this matter has already taken up a whole Chapter between us I referr my Reader to what I have there said Chap. 14 And now to close all and if there be any Man has a Mind to learn how to break Oaths by Providence and forswear himself to the Glory of God To say Grace to the action be it never so ungodly and give Thanks for the Success be it never so wicked To carry on a Design under the name of Publick Good and make the slavery of a Nation the liberty of the People Or in a word to hold forth any useful though notorious Untruth with convenient Obstinacy until he believes it himself and so renders it no Sin let him read this Book of Mr. Milton's and if he does not improve upon it he may thank God for it FINIS