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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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War against the Personal commands of the King though accompanied with His presence is not a levying of War against the King but a levying War against His Laws and Authority which they have power to declare is levying of War against the King Treason cannot be committed against His Person otherwise then as He was intrusted They have power to judge whether He discharge His trust or not that if they should follow the highest precedents of other Parliaments paterns there would be no cause to complain of want of modesty or duty in them and that it belonged onely to them to Judge of the Law r 27 of May The King by His Proclamation forbids all His Subjects and Trained bands of the Kingdom to Rise March or Muster But the Parliament on the same day Commanded all Sheriffs Justices of Peace Constables within one hundred and fifty miles of York to seize and make stay of all Arms and Ammunition going thither And Declaring the said Proclamation to be void in Law s command all men to Rise Muster and March and not to Muster or March by any other Authority or Commission and the Sheriffs of all Counties the morrow after commanded with the posse Comitatus to suppresse any of the Kings Subjects that should be drawn thither by His command secure and seize upon the Magazines of the Counties protected all that were Delinquents against Him make all to be Delinquents that attended him and put out of the House of Peers nine Lords at once for obeying the Kings summons and going to Him t 3. June 1642. The King summoning the Ministery Gentry and Free-holders of the County of York declared to them the reasons of providing himself a guard and u that he had no intention to make a War and the morrow after forbad the Lord Willough by of Parham to Muster and Trayn the County of Lincoln who under colour of an Ordinance of Parliament for the Militia had begun to do it x 10 June 1642. The Parliament by a Declaration signifying That the King intended to make a War against His Parliament invited the Citizens of London and all others well affected as they pleased to miscall them within 80 miles of the City to bring money or plate into the Guild Hall London and to subscribe for Men Horses and Arms to maintain the Protestant Religion the Kings Person and Authority free course of Justice Laws of the Land and priviledges of Parliament and the morrow after send 19. propositions to the King That the great affairs of the Kingdom and Militia may be managed by consent and approbation of Parliament all the great officers of Estate Privy Councel Ambassadors and Ministers of State and Judges be chosen by them that the Government Education and Marriage of the Kings Children be by their consent and approbation and all the Forts and Castles of the Kingdom put under the Command and Custody of such as they should approve of and that no Peers to be made hereafter should sit or vote in Parliament without the consent of Parliament y with several other demands which if the King should have granted would at once in effect not only have undone and put His Subjects out of His protection but have deposed both himself and his posterity and then they would proceed to regulate His Revenue and deliver up the Town of Hull into such hands as the King by consent and approbation of Parliament should appoint But the King having the same day before those goodly demands came to his hands being a greater breach of His Royal Priviledges then His demanding of the five Members and Kimbolton if it had not been Lawful for him so to do could be of theirs z granted a Commission of array for the County of Lecester to the Earl of Huntington and by a letter sent along with it directed it for the present onely to Muster and Array the Trained bands a And 13. June 1642. Declared to the Lords attending Him at York That He would not engage them in any War against the Parliament unless it were for His necessary defence whereupon the Lord keeper Littleton who a little before had either been affrighted or seduced by the Parliament to vote their new Militia The Duke of Richmond Marquis Hartford Earl of Salisbury Lord Gray of Ruthen now Earl of Kent and divers Earls and Barons engaged not to obey any Order or Ordinance concerning the Militia which had not the Royal assent to it 14 June 1642. Being informed b That the Parliament endeavoured to borrow great sums of money of the City of London and that there was great labour used to perswade His Subjects to furnish horse and money upon pretence of providing a guard for the Parliament By His Letter to the Lord Mayor Aldermen and Sheriffs of London disavowing any purpose of making a War declared That He had not the least thought of raising or using of forces unless He should be compelled to do it for His own defence forbiddeth therefore the lending of money or raising of horses Within two days after the Lord Keeper Duke of Richmond Marquis Hartford Earl of Salisbury Lord Gray of Ruthen with 17 Earls and 14. Barons the Lord Chief-Justice Bancks and sundry others of eminent quality and reputation attest His Majesties Declaration and profession that He had no intention to make a War but abhorred it and c That they perceived no Councels or preparations tending to any such design and send it with His Majesties Declaration to the Parliament In the mean time the Committee of Parliament appointed to make the propositions to the City of London for the raising of horse viz. 15 June 1642. Made report to the House of Commons That the Citizens did very cheerfully accept the same there being for indeed there had been some design and resolution a year before concerning the melting of plate to raise monies already great store of plate and monies brought into Guild-Hall for that purpose and an Ordinance of Parliament was made for the Earl of Warwick to be Lord Admiral and keep the Navy though the King had commanded him upon pain of Treason to deliver up the Ships to Him And the Lord Brook sent down into Warwich-shire to settle the Militia 17 June 1642. A Committee of both Houses was appointed to go to the City of London to inquire what store of Horse Monies and Plate were already raised upon the Propositions 18 June 1642. The King by His Proclamation Disclaiming any intention to make War against His Parliament forbiddeth all levies of Forces without His Majesties expresse pleasure signified under His Great Seal And 20 June 1642. Informing all His Subjects by His Proclamation of the Lawfulness of His Commissions of Array d That besides many other Warrants and Authorities of the Law Judge Hutton and Judge Crooke in their arguments against the Ship-money agreed them to be Lawful and the Earl of Essex himself had in the
beginning of this Parliament accepted of one for the County of York Gave his People to understand That He had awarded the like Commissions into all the Counties of England and Dominion of Wales to 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
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
forget their due titles of Earls Lords or Knights because the King had made them so since the beginning of the War or else there must be neither Treaty nor Peace At Uxbridge the time of the Treaty limited for 20. days and at Newcastle for 10. and though the King and His Commissioners at Uxbridge almost petitioned for a cessation in the interim of that Treaty as they had done before in that which was at Oxford it could not be granted nor have a few days added to it and if the King could in Honor and Conscience have granted all the other parts of the Propositions must grant them an Act not onely to confiscate the Estates of His Friends and those that took Arms to save his Life and Estate but to take away their Lives also and not only that but to condemn them of high Treason and attaint their blood when they fought against them which were onely guilty of it a thing so unfitting unusually stood upon as it was never asked in any treaty or pacification among the civilized or more barbarous heathen and amounts to more then Adonibezeks causing the thumbs and great toes of his captive Kings to be cut off and making them to gather the crumbs from under his table or Benhadads demand of Ahabs silver and gold his wives and children and whatsoever else was pleasant in his eyes which the elders and people of Israel perswaded Ahab not to consent unto but was a thing purposely contrived and stood upon to hinder a Peace and was not to be asked or granted by any that could but entitle themselves to the least part of reason or humanity a demand Bajazet would not leave his Iron cage to yield unto a thing nature it self would abhor and the worst of villains and reprobates rather lose their lives then yield to would never be demanded by any but a Devil nor granted by any but his Equals And if their desiring of a War more then a peace and to keep the King out of his own had not been the only cause of such unnatural and barbarous propositions it may well be wondred why they that have made to themselves for we cannot believe they have found any law or warrant to ground it upon a power to take away the Kings life upon a colour or pretence of an unread as well as unheard of piece of Justice should need to strive so hard with the King to give them a power to do that which they are now so busie to do of themselves and as if they had been afraid all this would not be enough to keep the doores of Janus or the Devil open for fear lest the King should trouble them with any more offers or Messages for peace a vote must be made in February 1647. that it should be treason in any man to bring or receive any more Messages from him without consent of Parliament But suppose that which is not that the Parliament could have but found any thing but somewhat like a cause or justification of a war against their Soveraign for notwithstanding all their hypocritical pretences so it was at first intended and so it hath proved to be ever since to whom their Masters the people we mean as to the House of Commons had sent them to consult with not to make a War against him they might have remembred that saying of Cicero if they had found nothing in the book of God and their own consciences to perswade them to it That z duo sunt genera decertandi unum per disceptationem alterum per vim ad hoc confugiendum non est si uti superiori licebit There are other ways to come by pretended rights then by a War and we ought never to make use of a War which is the worst of all remedies if we may obtain it by a better Hen. 2. King of England was made a Judge betwixt the Kings of Castile and Navarre a The Rebellious Barons of England in the raign of King Hen. 3. referred their controversies to the decision of the King of France and his Parliament at Paris And the blood of this Kingdom which ran so plentifully in those unhappy differences was by that means only stopped Charles b the 4. Emperor was made a Judge of the differences betwixt the English and the French Kings For as Albericus Gentilis saith well c Intelligendum est eos qui diffugiunt genus hoc decertandi per disceptationem ad alterum quod est per vim currunt ilico eos a justitia ab humanitate a probis exemplis refugere ruere in arma volentes qui subire judicium nullius velint They that rush into a War without assaying all other just means of deciding the controversie for which it is made and will judge onely according to their own will and opinion do turn their backs to Justice Humanity and all good Examples And in that also the Parliament will be found faulty For the French King and the States of the United Provinces did by more then one Request and Embassy severally and earnestly mediate to make an accord betwixt the King and His Parliament and desired to have all things in difference left to their arbitrement but their Ambassadors returned home again with a report how much they found the King inclined to it how satisfactorily he had offered and how much the Parliament was averse to their interposition and altogether refused it But we have tarried long enough among the Parliament partie from thence therefore for it is time to leave the company of so much wickedness we shall remove to the Kings party and yet that may cause a Sequestration and examine for a fuller satisfaction of that which by the rule of contraries is clear enough already if he were not on the defensive and more justifiable part of the business The King as He was defensor protector subditorum suorum and sworn to see the Law executed had not the sword nor his authority committed to him in vain And if he had no maner of just cause of fear either in His own Person or authority or no cause given him in re laesae Majestatis the imprisoning of His Subjects and plundring and taking away their Estates from them long before He had either armed himself or had wherewithal to do it had been cause as sufficient as to cause a Hue and Cry to be made after a fellon or raise the posse Comitatus to bring Him to Justice and might by the same reason do it in the case of more and by the same reason he might do it by the help of one nothing can hinder but by the same reason he might do it by the help of more When Nathan came to David with a parable and told him of the rich man that had taken the poor mans onely Sheep he that understood well enough the duty of a King was exceeding wroth against the man and said As sure
the Money Arms Ammunition and strength of the Kingdom in their hands and multitudes of deluded people to assist them and so hunted and pursued him from place to place as it was come to be a saying and a by-word among the apprentices and new levied men at London they would go a King-catching and were not likely therefore to be guilty of so much patience as the King who was so much in love with Peace and so thirsted after it as that and his often sending Messages and Propositions for it would not permit him to make use of any victories or advantages which God had given him But twice suffered the Earl of Essex to attempt to force Him from Oxford and Sir Thomas Fairfax once to beleager Him when He had power enough to have made London or the associate Counties the seat of the War and it would be something strange that He who when He had raised forces against His Scottish Rebels and found himself in the head of so gallant an Army as He had much ado to keep them from fighting and His enemies so ridiculously weak as He might have subdued them but with looking upon them but a fortnight longer could not be perswaded to draw a sword against them would now begin an offensive war without any power or strength at all against those that had before-hand ingrossed it Or what policy or wisdom could it be in Him to begin a War without Money or Men or Arms to go through with it Or to refuse the assistance of His Catholique Subjects and Forreign friends and forces or to spend so much time in Messages and offers of Peace to give them time and ability to disarm Him and arm themselves If He had not utterly abhorred a War and as cordially affected peace as He offered fair enough for it Or can any man think that the King did begin the War when what he did was but to preserve His Regality and the Militia and protection of His people which the Parliament in express terms as well as by Petitioning for it acknowledged to be His own being but that which every private man that had but money or friends would not neglect to do Did He any more in seeking to preserve His Regality then to defend and keep himself from a breach of trust they sought to make him break Or could there be a greater perjury or breach of trust in the Kingly Office then to put the sword which God had given him into the hands of mad-men or fools or such as would kill and slay and undo their fellow Subjects with it or to deliver up the protection of His people into the hands of a few of their ambitious fellow subjects who did as much break their own trust to those they represented in asking of it as the King would have done if He had granted it Or why shall it not be accounted an inculpata tutela in the King to preserve and defend that by a War which the Laws of God and Man His Coronation Oath Honour and Conscience and a duty to himself His Posterity as well as to His people would not permit Him to stand still and suffer to be taken away from Him But if the King by any maner of construction could be blamed or censured for denying to grant the Militia which was the first pretence of beginning of the War by those that sought to take it from him for till the besieging of Hull the 16. of July 1642. after many other affronts and attempts of as high a nature put upon Him the most malicious interpretation of the matter of Fact cannot find Him so much at all to have defended himself as to have done any one act of War or so much as like it who shall be in the fault for all that was done after when he offered to condescend to all that might be profitable for His people in the matter of Religion Laws and Liberties Was it not a just cause of War to defend himself and his people against those who would notwithstanding all He could do offer make a War against Him because He would not contrary to His Oath Magna Charta and so many other Laws which He had sworn to observe betray or deliver up his people into their hands to be governed or rather undone by a greater latitude of Arbitrary power then the great Turk or Crim Tartar ever exercised upon their enslaved people and put the education and marriage of his own Children out of his power which was never sought to be taken out of the hand of any father which was not a fool or a madman nor yielded to by any would have the Credit to be accounted otherwise or because he would not denude himself of the power of conferring honours or vilifie or discredit his great and lesser Seals and the Authority of them from which many mens Estates and Honours and the whole current of the Justice of the Kingdom had their Original or perjure himself by abolishing Episcopacy which Magna Charta and some dozens of other Laws bound him to preserve Or if that be not enough to justifie him in his own defence had he not cause enough to deny and they little enough to ask Liberty of Conscience and practise to Anabaptists Blasphemers of God deniers of the Trinity Scriptures and Deity of Christ when the Parliament themselves had taken a Covenant to root them out and made as many of the people as they could force to take it with them Or had He not cause enough to deny to set up the Presbyterian authority which would not only have taken away his own authority but have done the like also with the Laws and Liberties of the Nation and the ruling part of that which they now call the Parliament did utterly abhor Or if all that could not make the war which he made to be defensive lawfull had He not cause enough to deny and they none at all to ask that He should by Act of Parliament consent to make all those to be Traitors that took His part their Blood and Posterities attainted and their Estates forfeited when as some of the Parliaments own Members were heard to say when those Propositions were sent unto him That if he yielded unto them He was the unworthiest man living and not fit to be a King For certainly if the Laws of God and man and the understanding of all mankind be not changed there was never a juster more defensive unwilling and necessitated War then that of the Kings part since man came out of Paradise And if such a War should not be lawful after so many provocations and necessities for the defence of himself his people so many after generations which this War of the Parliament and the curse of it is like to ruine and leave in slavery under what censure and opinion may that of i Abrahams with Chederlaomer the King of Elam and Tidal King of the Nations be when he fought with
of his People every thing they could reasonably ask of him or he could but reasonably tell how to part with though he could not be ignorant but an ill use might be made of them against himself As the putting down of the Star-Chamber and high Commission Court the Courts of Honour and of the North and Welch marches Commissions for the making of Gunpowder allowing them approbation or nomination of the Lievetenant of the Tower and did all and more then all his Predecessors put together to remove their jealousies And when that would not do it stood still and saw the game plaid on further Many Tumults raised many Libels and Scandalous Pamphlets publiquely printed against His Person and Government and when he complained of it in Parliament so little care was taken to redress it as that the Peoples coming to Westminster in a Tumultuous maner set on and invited by Pennington and Ven two of the most active Mechanick Sectaries of the House of Commons it was excused and called a Liberty of Petitioning And as for the Libels and Pamphlets the licensing of Books before they should be printed and all other restraint of the printing presses were taken away and complaints being made against Pamphlets and Seditious books some of the Members of the House of Commons were heard to say The work would not be done without them and complaints being also made to Mr. Pym against some wicked men which were ill affected to the Government he answered It was not now a time to discourage their Friends but to make use of them And here being as many jealousies and fears as could possibly be raised or fancied without a ground on the one side against all the endeavours could be used on the other side to remove them We shall in the next place take a view of the matter of Fact that followed upon them and bring before you CHAP. II. The Proceedings betwixt the King and the Parliament from the Tumultuous and Seditious coming of the People to the Parliament and White-Hall till the 13. of September 1642. being 18 dayes after the King had set up His Standard at Nottingham WHen all the King could do to bring the Parliament to a better understanding of Him did as they were pleased to make their advantage of it but make them seem to be the more unsatisfied that they might the better mis-represent Him to the People and petition out of his hands as much power as they could tell how to perswade him to grant them and that he had proofs enow of what hath been since written in the blood and hearts of His People That the five Members and Kimbolton intended to root out Him and His Posterity subvert the Laws and alter the Religion and Government of the Kingdom and had therefore sent His Serjeant at Arms to demand their persons and Justice to be done upon them In stead of obedience to it an order was made a That every man might rescue them and apprehend the Serjeant at Arms for doing it which Parliament Records would blush at And Queen Elizabeth who was wont to answer her better composed Parliaments upon lesser occasions with a b Cavete ne patientiam Principis laedatis caused Parry a Doctor of the Civil Laws and a Member of the House of Commons by the judgement and advice of as sage and learned a privy Council and Judges as any Prince in Christendom ever had to be hanged drawn and quartered for Treason in the c old Palace of Westminster when the Parliament was sitting would have wondred at And 4 January 1641. desiring only to bring them to a legal tryal and examination went in Person to demand them and found that his own peaceable behaviour and fewer attendants then the two Speakers of the Parliament had afterwards when they brought a whole Army at their heels to charge and fright away eleven of their fellow Members had all maner of evil constructions put upon it and that the Houses of Parliament had adjourned into London and occasioned such a sedition amongst the People as all the Trained bands of London must guard them by Land when there was no need of it and many Boats and Lighters armed with Sea-men and murdering pieces by water and that unlesse He should have adventured the mischief and murder hath been since committed upon him by those which at that time intended as much as they have done since it was high time to think of his own safety and of so many others were concerned in it having left London but the day before upon a greater cause of fear then the Speakers of both Houses of Parliament in July 1647. to go to the Army retires with the Prince His Son whom the Parliament laboured to seise and take into their custody in His company towards York 8. January 1641. A Committee of the House of Commons sitting in London resolved upon the question d That the actions of the City of London for the defence of the Parliament were according to Law and if any man should arrest or trouble any of them for it he is declared to be an enemy to the Common-wealth And when the King to quiet the Parliament 12 Jan. 1641. was pleased to signifie that for the present he would waive his proceedings against the five Members and Kimbolton and assures the Parliament that upon all occasions He will be as careful of their Priviledges as of His Life or His Crown Yet the next day after they Declared the Lord Digby's coming to Kingston upon Thames but with a Coach and six horses in it e to be in a Warlike maner and disturbance of the Common-wealth and take occasion thereupon to order the Sheriffes of all Counties in England and Wales with the assistance of the Justices of Peace and trayned bands of the several Counties f to suppresse any unlawful assemblies and to secure the said Counties and all the Magazines in them 14 January 1641. g The King by a second Message professeth to them he never had the least intention of violating the least priviledge of Parliament and in case any doubt of breach of Priviledges remain will be willing to clear that and assert those by any reasonable way His Parliament shall advise him to But the Design must have been laid by or miscarried if that should have been taken for a satisfaction and therefore to make a quarrel which needed not they Order the morrow after a Charge and Impeachment to be made ready h against Sir Edward Herbert the Kings Attorney General for bringing into the House of Peers the third of that instant January by the Kings direction a Charge or Accusation against Kimbolton and five Members c. i In February 1641. Seize upon the Tower of London the great Magazine and Store-house of the Kingdom and set some of the trained bands of London commanded by Major General Skippon to guard it 1. March 1641. Petition for the Militia and tell