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A90657 Veritas inconcussa or, a most certain truth asserted, that King Charles the First, was no man of blood, but a martyr for his people. Together with a sad, and impartial enquiry, whether the King or Parliament began the war, which hath so much ruined, and undone the kingdom of England? and who was in the defensive part of it? By Fabian Philipps Esq;; King Charles the First, no man of blood: but a martyr for his people. Philipps, Fabian, 1601-1690. 1660 (1660) Wing P2020; Thomason E1925_2; ESTC R203146 66,988 269

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beginning of this Parliament accepted of one for the County of York Gave his People to understand That He had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for and secure them in a legal way lest under a pretence of danger and want of Authority from His Majesty to put them into a Military posture they should be drawn and engaged in any opposition against Him or His just Authority But 21 June 1642. e The Lords and Commons in Parliament Declaring The design of their Propositions of raising horse and moneys was to maintain the Protestant Religion and the Kings Authority and Person and that the Forces already attending His Majesty and His preparations at first coloured under the pretence of a guard being not so great a guard as they themselves had constantly for 6. moneths before did evidently appear to be intended for some great and extraordinary disign so as at this time also they do not charge the King with any maner of action of War or any thing done in a way or course of War against them and gave just cause of fear and jealousie to the Parliament being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make a War against their Soveraign did forbid all Mayors Sheriffs Bayliffs and other Officers to publish His Majesties said Letter to the City of London And declare that if He should use any force for the recovery of Hull or suppressing of their Ordinance for the Militia it should be held a levying War against the Parliament and all this done before His Majesty had granted any Commission for the levying or raising of a man and lest the King should have any maner or provision of War to defend himself when their Army or Sir John Hotham should come to assault Him Powder and Armes were every where seized on and Cutlers Gun-smiths Sadlers and all Warlike Trades ordered not to send any to York but to give a weekly account what was made or sold by them And an Order made the 24. day of June 1642. That the Horses which should be sent in for the Service of the Parliament when they came to the number of 60. should be trained and so still as the number increased 4. July 1642. The King by His Letter under His signe Manual commanded all the Judges of England in their circuits f to use all means to suppresse Popery Riots and unlawful assemblies and to give the People to understand His Resolution to maintain the Protestant Religion and the Laws of the Kingdom and not to govern by any Arbitrary way and that if any should give the King or them to understand of any thing wherein they held themselves grieved and desired a just reformation He would speedily give them such an answer as they should have cause to thank Him for His Justice and favour But the same day a Declaration was published by both Houses of Parliament commanding g That no Sheriff Mayor Bayliff Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many dayes before having been imprisoned for proclaiming the Kings Proclamation against the bringing in of Plate c. should publish or Proclaim any Proclamation Declaration or other Paper in the Kings Name which should be contrary to any Order Ordinance or Declaration of both Houses of Parliament or the proceedings thereof and Order h That in case any forces should be brought out of one County into another to disturb the Peace thereof they should be suppressed by the Trained bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Town of Hull whilest the King is at York i seizeth on a Ship coming to Him with provisions for His houshold takes Mr. Ashburnham one of the Kings Servants prisoner intercepts Letters sent from the Queen to the King and drowneth part of the Countrey round about the Town k which the Parliament allows of and promise satisfaction to the owners 5 July 1642. They Order a subscription of Plate and Horse to be made in every Countey and list the Horse under Commanders and the morrow after Order 2000. men should be sent to relieve Sir John Hotham in case the King should besiege him to which purpose Drums were beat up in London and the adjacent parts to Hull The Earl of Warwick Ordered to send Ships to Humber to his assistance instructions drawn up to be sent to the Deputy-Lieutenants of the several Counties to tender the Propositions for the raising of Horses Plate and Money Mr. Hastings and divers of the Kings Commissioners of Array impeached for supposed high Crimes and misdemeanours and a Committee of five Lords and ten of the House of Commons ordered to meet every morning for the laying out of ten thousand pounds of the Guild-hall moneys for the buying of 700. Horse and that 10000. Foot to be raised in London and the Countrey be imployed by direction of the Parliament and the Lord Brook is furnished with 6. pieces of Ordinance out of the Tower of London to fortifie the Castle of Warwick And 9. July 1642. Order That in case the Earl of Northampton should come into that County with a Commission of Array they should raise the Militia to suppresse him And that the Common Councel of London should consider of a way for the speedy raising of the 10000. Foot and that they should be listed and put in pay within four dayes after 11. July 1642. l The King sends to the Parliament to cause the Town of Hull to be delivered unto Him and desires to have their answer by the 15. of that moneth and as then had used no force against it But m the morrow after before that message could come unto them they resolve upon the Question That an Army shall be forthwith raised for the defence of the Kings Person and both Houses of Parliament and n those who have obeyed their Orders Commands in preserving the true Religion the Laws Liberties and the Peace of the Kingdom and that they would live and dye with the Earl of Essex whom they nominate General in that Cause 12. July 1642. Declare That they will protect all that shall be imployed in their assistance and Militia And 16. July 1642. Petition the King o to forbear any preparations or actions of War and to dismisse His extraordinary guards to come nearer to them and hearken to their advice but before that Petition could be answered wherein the King offered when the Town of Hull should be delivered to Him He would no longer have an Army before it and should be assured that the same pretence which took Hull from him may not put a Garrison into Newcastle into which after the Parliaments surprise of Hull He was inforced to place a Governour and a small Garrison He would also remove that Garrison and so as His Magizine and Navy
might be delivered unto Him all Armies and Levies made by the Parliament laid down the pretended Ordinance for the Militia disavowed and the Parliament adjourned to a secure place He would lay down Armes and repair to them and desired all differences might be freely debated in a Parliamentary way whereby the Law might recover its due reverence the Subject his just Liberty Parliaments their full vigour and estimation and the whole Kingdom a blessed Peace and prosperity and requiring their answer by the 27. of that July promised till then not to make any attempt of force upon Hull they had Armed their General with power against Him given him a Commission to kill and slay all that should oppose him in the execution of it and chosen their General of the Horse 8. August 1642. Upon information That some of the Town of Portsmouth had revolted to Collonel Goring being but sent thither with a message from the King and Declared for His Majesty Order Forces to be sent thither speedily to beleaguer it by Land and the Earl of Warwick to send thither 5. Ships of the Navy to prevent any Forraign forces coming to their assistance and upon Intelligence that the Earl of Northampton appeared with great strength at Banbury to hinder the Lord Brooks carrying the pieces of Ordinance to Warwick Ordered 5000. Horse and Foot to be sent to assist Him 9. August 1642. Upon information That the Marquis of Hartford and divers others were in Somerset-shire demanding obedience to the Kings Commission of Array and to have the Magazine of the County to be delivered unto them Gave power to the Earl of Essex their Lord-General the Lord Brook and others to apprehend the Marquis of Hartford and Earl of Northampton and their complices and to kill and slay all that should oppose them And the day following gave the Earl of Stamford a Commission to raise forces for the suppressing of any that should attempt for the King in Leicester-shire or the adjacent Counties And on the eleventh of August 1642. Upon the Kings Proclamation two dayes before Declaring the Earl of Essex and all that should adhere unto him in the levying of Forces and not come in and yield to His Majesty within 6. dayes to be Traytors p vote the said Proclamation to be against the Fundamental Laws of the Kingdom Declare their resolutions to maintain and assist the Earl of Essex and resolve to spend no more time in Declarations and Petitions but to endeavour by raising of Forces to suppress the Kings Party Though all that the Kings Loyal Subjects did at that time for Him was but to execute the Commission of Array in the old legal way of the Militia and within a day or two after Ordered the Earl of Essex their Lord General to set forth with his Army of Horse upon the Monday following but not so much as an answer would be afforded to the Kings message sent from Hull where whilest He with patience and hope forbore any action or attempt of force according to His promise Sir John Hotham sallied out in the night and murdered many of His fellow Subjects 12. August 1642. The King though he might well understand the great leavies of Men and Armes ready to march against Him by a Declaration published to all His Subjects assures them as in the presence of God That all the Acts passed by him in this Parliament should be as equally observed as those which most of all concerned His own interest and rights and that His quarrel was not against the Parliament but particular men and therefore desired That the Lord Kimbolton Mr. Hollis Sir Henry Ludlow Sir Arthur Haslerig Mr. Strode Mr. Martin Mr. Hampden Alderman Pennington and Capt. Venne might be delivered into the hands of Iustice to be tried by their Peeres according to the known Laws of the Land and against the Earles of Essex Warwick Stamford Lord Brook Sir John Hotham Major General Skippon and those who should exercise the Militia by vertue of the Ordinance He would cause Indictments to be drawn of High Treason upon the Statute of 25. Edw. 3. and if they submit to trial and plead the Ordinance would rest satisfied if they should be acquited But when this produced as little effect as all other endeavours He had used for peace He that saw the Hydra in the mud and slime of Sedition in its Embryo birth and growth and finds him now erected ready to devour him must now though very unwilling to cast off His beloved Robe of Peace forsake an abused patience and believe no more in the hopes of other remedies which had so often deceived Him but if He will give any account to the Watch-man of Israel of the People committed to his Charge or to the People of his protection of them or any maner of satisfaction to his own judgement and discretion betake himselfe to the sword which God had intrusted Him with and therefore makes the best use He could of those few friends were about Him and with the money which the Queen had not long before borrowed and the small supplies He had obtained of His servants and friends about Him who pawned and engaged their Plate Jewels and Lands for Him with those Lords and Gentlemen that willingly offered to bear him company in His troubles provides what men arms He could in his way towards Nottingham where He intended to set up His Standard But the Parliament about the 23. of August 1642. having received some information that He intended to set up His Standard at Nottingham Declare q That now it appears to all the world that there is good ground of their fears and jealousies which if ever there had been any as there was no cause at all of any more then that some of them meaning to murder or ruine Him they were often afraid He should take notice of it and seek to defend himself there was by their own confession till this time no manifest or certain ground appearing that He intended to defend himself against the Parliament and therefore Order That all that shall suffer in their Estates by any forces raised by the King without consent of Parliament shall have full reparation of their damages out of the Estates of the Actors and out of the Estates of all such Persons in any part of the Kingdom who should persist to serve the King in this War against the Parliament and That it should be Lawful for any number of persons to ioyn and defend themselves and that the Earl of Essex their General should grant out Commissions for levying and conducting forces into the Northern parts And Sir John Hotham the Governor of Hull assist them and Command also the Sheriffs of the County of York and the adjacent Counties with the power of the Counties and Trained bands to aide them and to seize upon all that shall execute the Commission of Array for His Majesty who thus sufficiently beset by those that intended what since
to pursue and give him battail When Sheba the son of Bichri blew a Trumpet and said f We have no part in David every man to his Tent O Israel and thereupon every man of Israel followed after him and forsook their King David who knew that Moses would not make a War upon the Amorites though he had Gods commandment for it without offers of Peace and messengers sent first unto them said to Amasa Assemble me the men of Judah within three dayes and when he tarried longer said unto him Take thou thy Lords servants and pursue after him lest he get him fenced Cities and escape us For they that would take heed of Cockatrices have ever used to kill them in the shell And g diligenti cuique Imperatori ac magistratui danda est opera saith Bodin ut non tam seditiones tollere quam praeoccupare studeant For sedition saith he once kindled like a spark of fire blown by popular fury may sooner fire a whole City then be extinguished Et tales igitur pestes opprimere derepente necesse est Princes and Soveraigns who are bound to protect and defend their Subjects are not to stand still and suffer one to oppress another and themselves to be undone by it afterwards But put the case that the Parliament could have been called ● Parliament when they had driven away the King which is the head and life of it or could have been said to have been two Houses of Parliament when there was not at that time above a third part of the House of Peers nor the half of the House of Commons remaining in them and what those few did in their absence was either forced by a Faction of their own or a party of Seditious Londoners for indeed the War rightly considered was not betwixt the Parliament and the King but a War made by a Factious and Seditious part of the Parliament against the King and the major part of the Parliament and had been as it never was nor could be by the Laws and constitution of the Kingdom co-ordinate and equal with the King and joint tenants of the Kingdom it would have been necessary to make the War as just as they could and to have done all that had been in order to it and therefore we hope they which pretend so much to the Justice of the Kingdom will not be offended to have the Justice of their War something examined CHAP. IV. Suppose the War to be made with a neighbour Prince or between equals whether the King or Parliament were in the defensive or justifiable part of it PLerique h saith learned Grotius tres statuunt bellorum justas causas defensionem recuperationem punitionem Three causes are usually alleaged by Princes or States to justifie wars viz. in the defence or recovery of their own or for punishment for a wrong done For any defence the Parliament might pretend a necessity of The King neither assaulted them nor used any violence to them when they first of all granted out their Propositions and Commissions of War unless they can turn their jealousies into a Creed and make the Kings demanding the five Members and Kimbolton being done by warrant of the Law of the Land and the Records and precedents of their own houses appear to be an assaulting of them Or if any reasonable man knew but how to make that to be an assault or a necessary cause of War for them to revenge it the Kings waving and relinquishing of his charge afterwards against them might have certainly been enough to have taken away the cause of it if there had been any howsoever a War made onely to revenge a bare demand or request of a thing was neither so much as forced or a second time demanded of them but was totally laid aside and retracted can never be accounted just As for the recovery of things lost or taken away the Parliament it self had nothing taken from them for both they and the people were so far from being losers at that time by the King as i the Remonstrance of the House of Commons made to the people 15. December 1641. of the Kings errors as they pleased to call them in the government but indeed the errors rather of his Ministers and themselves also in busying him with brawles and quarrels and denying to give him fitting supplies k mentions how much and how many beneficial Laws the King had granted them And so the Parliament and people being no losers and the King never denying them any thing which could in honour or conscience be granted them That part of the justifying of a War will no way also belong to them But if the punishment for offences and injuries past if they could be so properly called being a third cause of justifying a War could be but imagined to be a cause to justifie the Parliaments War against the King Yet they were to remember another Rule or Law of War l Ne nimis veteres causae accersantur That they do not pick quarrels by raking up past grievances and that it be not propter leviusculas injurias or for trifles For when the King who if he had been no more then co-ordinate with them had called them to counsel to advise him followed their advice in every thing he could finde any reason for taken away all grievances made a large provision to prevent them for the future by granting the Triennial Parliament and so large an amends for every thing they could but tell how to complain of there was so little left to the people and the Parliament to quarrel for as they were much behind in thankfulness for what they had got of him already Or if any other causes or provocations should be imagined as mis-using the Parliaments Messengers or the like we know the King unless it were by his patience and often Messages for Peace was guilty of no provocations but on the contrary though he had all maner of scorns and reproaches cast upon him and his Messengers evil intreated by them could never be brought to return or retaliate it to any of theirs But nothing as yet serving to excuse them it will not be amiss to examine the Causes as they are set down by themselves to justifie their war and so we may well suppose there are no other A War against the King for safety of His own Person was needless and then it comes within that rule of War and Law of Nations Ne leves sint causae belli not to make a War unnecessary for the King would look to that himself and as they were His Subjects they as well as every honest Subject were bound to defend and assist Him but not whether he would or no and in such a way of defence as would tend to His ruine rather then His safety For surely should any stranger of another Kingdom or Nation have casually passed by Edge-hill when the Kings and the Parliaments Armies were in