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A90655 King Charles the First, no man of blood: but a martyr for his peopleĀ· Or, a sad, and impartiall enquiry, whether the King or Parliament began the warre, which hath so much ruined, and undon the kingdom of England? and who was in the defensive part of it? Philipps, Fabian, 1601-1690. 1649 (1649) Wing P2008; Thomason E531_3; ESTC R203147 60,256 72

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granted them that he might not seem to deny what might but seeme to bee for the good of his People every thing they could reasonably aske of him or hee could but reasonably tell how to part with though hee could not be ignorant but an ill use might be made of them against himselfe As the putting downe of the Starre-Chamber and high Commission Court the Courts of Honour and of the North and Welch marches Commissions for the making of Gun-powder 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 doe 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 hee complained of it in Parliament so little care was taken to redresse it as that the Peoples comming to Westminster in a Tumultuons manner 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 Libertie of Petitioning And as for the Libels and Pamphlets the Licensing of Bookes before they should bee Printed and all other restraint of the Printing presses were taken away and complaints being made against Pamphlets and seditious bookes some of the Members of the house of Commons were heard to say the worke would not bee done without them and complaints being also made to Mr. Pym against some wicked men which were ill affected to the Government Hee answered It was not now a time to discourage their Friends but to make use of them And here being as many jealousies and feares as could possibly be raised or fancied without a ground on the one side against all the endeavours could bee used on the other side to remove them Wee shall in the next place take a view of the matter of Fact that followed upon them and bring before you CHAP. 2. The Proceedings betwixt the King and the Parliament from the Tumultuous and Seditious comming 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 VVHEN all the King could doe to bring the Parliament to a better understanding of Him did as they were pleased to make their advantage of it but make them seeme to bee 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 hee had proofes enow of what hath beene since written in the blood and hearts of His People That the five Members and Kimbolton intended to roote out Him and His Posterity subvert the Lawes and alter the Religion and Government of the Kingdome and had therefore sent his Serjeant at armes to demand their persons and Justice to bee done upon them instede of obedience to it an order was made That every man might rescue them and apprehend the Serjeant at armes for doing it which Parliament Records would blush at And Queene Elizabeth who was wont to answer her better composed Parliaments upon lesser occasions with a Cavete ne patientiam Principis laedatis and caused Parry a Doctor of the Civill Lawes and a Member of the house of Commons by the judgement and advice of as sage and learned a privy councell and Judges as any Prince in Christendome ever had to bee hang'd drawn and quartered for Treason in the old Palace of Westminster when the Parliament was sitting would have wondred at And 4. January 1641. desiring only to bring them to a legall-tryall and examination went in Person to demand them and found that his owne peaceable behaviour and fewer attendants then the two Speakers of the Parliament had afterwards when they brought a whole Army at their heeles to charge and fright away eleven of their fellow Members had all manner of evill 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 trayned 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-peeces by water and that unlesse Hee should have adventured the mischiefe and murder hath beene since committed upon him by those which at that time intended as much as they have done since it was high time to thinke of his owne safety and of so many others were concerned in it having left London but the day before upon a greater cause of feare th●n the Speakers of both Houses of Parliament in July 1647. to goe to the Army retires with the Prince his Sonne whom the Parliament laboured to seize and take into their custody in his company towards Yorke 8. January 1641. A Cimmittee of the house of Commons sitting in London resolved upon the question That the actions of the City of London for the defence of the Parliament were according to Law and if any man should arest or trouble any of them for it he is declared to be an enemy to the Cōmon-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 hee will bee as carefull of their Priviledges as of his Life or his Crown Yet the next day after they Declared the Lord Digby's coming to Kingstone upon Thames but with a Coach and six horses in it to be in a Warlike manner 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 severall Counties to suppresse any unlawfull assemblies and to secure the said Counties and all the Magazines in them 14 January 1641. The King by a second Message professeth to them hee never had the least intention of violating the least priviledg of Parliament and in case any doubt of breach of Priviledges remain will bee willing to cleere that and assert those by any reasonable way his Parliament shall advise him to But the Designe must have been laid by or miscarried if that should have beene taken for a satisfaction and therefore to make a quarell which needed not they Order the morrow after a Charge and Impeachment to bee made ready against Sir Edward Herbert the Kings Attorney-Generall for bringing into the House of Peeres the third of that instant January by the Kings direction a Charge or Accusation against Kimbolton and the five Members c. In February 1641. Seize upon the Towre of London the great Magazine and Store-house of the Kingdome and set some of the trayned-bands of London commanded by Major Generall Skippon to guard
unto him all Armies and Levies made by the Parliament laid downe the pretended Ordinance for the Militia disavowed and the Parliament adjourned to a secure place hee would lay downe Armes and repaire to them and desired all differences might bee freely debated in a Parliamentary way whereby the Law might recover its due reverence the Subject his just Libertie Parliaments their full vigour and estimation and the whole Kingdome 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 had Armed their Generall 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 Generall of the Horse 8. August 1642. Upon information That some of the Towne of Portsmouth had revolted to Collonell Goring being but sent thither with a message from the King and Declared for His Majestie Order forces to bee sent thither spedily to beleaguer it by Land and the Earle of Warwick to send thither 5. Ships of the Navy to prevent any Forraigne forces comming to their assistance and upon Intelligence that the Earle of Northampton appeared with great strength at Banbury to hinder the Lord Brookes carrying the peeces of Ordinance to Warwick Ordered 5000 Horse and Foote to bee 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 Countie to bee delivered unto them Gave power to the Earle of Essex their Lord Generall the Lord Brooke and others to apprehend the Marquis of Hartford and Earle of Northampton and their complices and to kill and slay all that should oppose them And the day following gave the Earle of Stamford a Commission to raise forces for the Suppressing of any should attempt for the King in Leicester-shire or the adjacent Counties And on the eleventh of August 1642. Upon the Kings Proclamation 2. dayes before Declaring the Earle of Essex and all that should adhere unto him in the levying of Forces and not come in and yeild to His Majestie within 6. dayes to be Traytors vote the said Proclamation to bee against the Fundamentall Lawes of the Kingdome Declare their resolutions to maintaine and assist the Earle of Essex and resolve to spend no more time in Declarations and Petitions but to endeavour by raising of Forces to suppresse the Kings Party Though all that the Kings Loyall Subjects did at that time for Him was but to execute the Commission of Array in the old legall way of the Militia and within a day or two after Ordered the Earle of Essex their Lord Generall to set forth with his Army of Horse upon the Monday following but not so much as an answer would bee afforded to the Kings message sent from Hull where whilst Hee 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 hee might well understand the greate 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 bee as equally observed as those which most of all concerned his owne interest and rights and that his quarrell 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 bee delivered into the hands of Justice to bee tried by their Peeres according to the knowne Lawes of the Land and against the Earles of Essex Warwick Stamford Lord Brooke Sir John Hotham Major Generall Skippon and those who should exercise the Militia by vertue of the Ordinance hee would cause Indictments to bee drawne of high Treason upon the Statute of 25. Edw. 3. and if they submit to triall and plead the Ordinance would rest satisfied if they should bee acquited But when this produced as little effect as all other endeavours Hee had used for peace Hee that saw the Hydra in the mud and slyme of Sedition in its Embrio birth and growth and finds him now erected ready to devoure him must now though very unwilling to cast off His beloved robe of Peace forsake an abused patience and beleeve no more in the hopes of other remedies had so often deceived Him but if Hee 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 manner of satisfaction to his own Judgement and discretion betake Himselfe to the Sword which God had intrusted Him with and therfore 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 beare Him Company in His Troubles provides what Men and Armes Hee could in His way towards Nottingham where Hee intended to set up His Standerd But the Parliament about the 23. of August 1642. having received some information that Hee intended to set up His Standard at Nottingham Declare That now it appeares to all the World that there is good ground of their feares and jealousies which if ever there had beene any as there was no cause at all of any more then that meaning to murder and ruine Him they were often afraid Hee should take notice of it and seeke to defend Himselfe there was by their own confession till this time no manifest or certaine ground appearing that Hee intended to defend Himselfe 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 actours and out of the Estates of all such Persons in any part of the Kingdome who should persist to serve the King in this Warre against the Parliament and That it should bee Lawfull for any number of persons to joyne and defend themselves and That the Earle of Essex their Generall should grant out Commissions for Levying and conducting forces into the Northerne parts And Sir John Hotham the Governour of Hull assist them and Command also the Sheriffes of the Countie of Yorke and the adjacent Counties with the Power of the Counties and Trayned-Bands to aide them and to seize upon all that shall execute the Commission of Array for His Majestie who thus sufficiently beset by those that intended what since they have brought to passe against Him 25
and thereupon every man of Israell followed after him and forsooke their King David who knew that Moses would not make a Warre upon the Amorites though he had Gods commandement for it without offers of Peace messengers sent first unto them said to Amasa assemble me the men of Judah within three dayes and when hee tarried longer said unto him Take thou thy Lords Servants and pursue after him lest hee get him fenced Citties and escape us For they that would take heede of Cocatrices have ever used to kill them in the shell And diligenticuiquè Imperatori ac magistratui danda est opera saith Bodin ut non tam seditiones tollere quam praeoccupare student For sedition saith hee once kindled like a sparke of fire blown by popular fury may sooner fire a whole City then bee extinguished Et tales igitur pestes opprimere derepenté necesse est Princes and Soveraignes who are bound to protect and desend their Subjects are not to stand still and suffer one to oppresse another and themselves to bee undone by it afterwards But put the case the Parliament could have beene called a Parliament when they had driven away the King which is the head and life of it or could have beene said to have beene two houses of Parliament when there was not at that time above a third part of the house of Peeres nor the halfe 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 partie of Seditious Londoners for indeed the Warre rightly considered was not betwixt the Parliament and the King but a Warre made by a Factious and Seditious part of the Parliament against the King and the major part of the Parliament and had beene as it never was nor could bee by the Lawes and constitution of the Kingdome coordinate and equall with the King and joint tenants of the Kingdome it would have ●●●ne necessary to make the Warre as just as they could and to hace done all that had beene in order to it and therefore wee hope they which pretend so much to the Justice of the Kingdome will not bee offended to have the Justice of their Warre somthing examined CHAP. IIII. Suppose the Warre to bee made with a neighbour Prince or betweene equalls whether the King or Parliament were in the defensive or justifiable part of it PLaerique saith learned Grotius tres statuunt bellorum just as causas defensionem recuperationem punitionem For any defence the Parliament might pretend a necessitie of The King neither assaulted them nor used any violence to them when they first of all granted out their Propositions and Commissions of Warre unlesse they can turne their jealousies into a Creede and make the Kings demanding the five Members and Kimbolton being done by warrant of the Lawe of the Land and the Records and precedents of their owne houses appeare to bee an assaulting of them Or if any reasonable man knew but how to make that to bee an assault or a necessary cause of Warre for them to revenge it the Kings waving and relinquishing of his charge afterwards against them might have certainly beene enough to have taken away the cause of it if there had beene any howsoever a Warre made only 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 bee accounted just As for the recovery of things lost or taken away The Parliament it selfe had nothing taken from them for both they and the People were so farre from being loosers at that time by the King as the Remonstrance of the house of Commons made to the People 15. December 1641. of the Kings errours as they please to call them in the government but indeed the errours rather of his Ministers and themselves also in busying him with brawles and quarrells and denying to give him fitting supplies mentions how much and how many beneficiall Lawes the King had granted them And so the Parliament and People being no loosers and the King never denying them any thing could in honour or conscience bee granted them That part of the Justyfying of a Warre will no way also belong to them But if the punishment for offences and injuries past if they could bee bee so properly called being a third cause of justifying a Warre could bee but imagined to bee a cause to justifie the Parliaments Warre against the King Yet they were to remember another Rule or Law of Warre Ne nimis veteres causae accersentur That they doe not pick quarrells by raking up past grievances and that it bee not propter leviusculas injurias or for trifles For when the King who if he had been no more then coordinate with them had called them to councell to advise him followed their advice in every thing hee could finde any reason for taken away all grievances made a large provision to prevent them for the future by granting the Tryenniall Parliament and so large an amends for every thing they could but tell how to complaine of there was so little left to the People and the Parliament to quarrell for as they were much behind in thankfullnesse for what they had got of him already Or if any other causes or provocations should bee imagined as misusing the Parliaments Messengers or the like wee know the King unlesse it were by his patience and often Messages for Peace was guilty of no provocations but on the contrary though hee had all manner of scornes and reproaches cast upon him and his Messengers evill intreated by them could never bee brought to returne or retaliate it to any of theirs But nothing as yet serving to excuse them It will not be amisse to examine the Causes as they are set downe by themselves to justifie their warre and so wee may well suppose there are no other A Warre against the King for safety of his owne Person was needlesse and then it comes within that rule of warre and lawe of Nations Ne leves sint causa belli not to make a warre unnecessary for the King would looke to that himselfe and as they were his Subjects they as well as every honest Subject were bound to defend and assist him but not whether hee would or no and in such a way of defence as would tend to his ruins rather then his safety For surely should any stranger of another Kingdome or Nation have casually passed by Edge-hill when the Kings and the Parliaments Armies were in fight and have beene told that the King shot at them for the safety of his owne Person and that they also shot against him for the safety of his owne Person and being asked which of the two parties hee beleived did really or most of all intend the safety of it wee cannot tell how to think any man such