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A96210 Refractoria disputatio: or, The thwarting conference, in a discourse between [brace] Thraso, one of the late Kings colonels. Neutralis, a sojourner in the city. Prelaticus, a chaplain to the late King. Patriotus, a well-willer to the Parliament. All of them differently affected, and disputing on the subjects inserted after the epistle, on the dissolution of the late Parliament, and other changes of state. T. L. W. 1654 (1654) Wing W136; Thomason E1502_1; ESTC R208654 71,936 174

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Contributions imposed on the Natives by the Parliament if you grant this for truth as I presume you cannot gain-say it doubtless then the State here in being have brought the people to a very bad market since 't is manifest that what by the Monthly Contributions the rigorous exactions of the Officers of the Customs on all Merchandize together with the Excise on all we eat or drink with the free quartering of the Souldiers in most parts of the Land are far beyond all the Taxes Impositions and Subsides which the late King imposed or intended to lay on the people which gives them no great cause to rejoyce and make merry either for their safety or the cheapness of the exchange Answer me to this point and I shall as the Colonel even now said give you fair leave to carry away the bucklers and henceforth acknowledge you for an expert Fencer Thraso God amercy honest Doctor in good faith thou hast now given him a bone to pick that will stick in his teeth if he answers this to any purpose he shall not onely carry away the Bucklers but I shall willingly give him my sword into the bargain and then dam him for me that will ever fight one stroke more in the quarrel Patri Colonel you and your party have gotten such a habit of swearing and in such fearful volleys of Oaths as that had your cause been much better then it was God could not bless it or give you any good success therein but I beseech you leave your prophanation and then have patience a while for you have very good reason to leave fighting when you are so ready to depart with your weapons but lay your sword to the stake and then see what in the end will become of him for whatsoever the Doctor hath objected concerning the present impositions which are confest to be very heavie on the poor people yet when you know all it would have been much better he had said nothing since I perceive none of you all ever sounded the late Kings depth and what he intended or took the least measure of his foot for indeed he was too dark for any of your light to see into his designs and to tell you more he was too cunning for any that he employed though some there are which accounted him for little more then an Iguoramus but one of the shrewdest ones for his reaches to his own ends of any Prince of his time True it is that the Parliament though they suspected him at the first sitting down and before yet knew not a long time what he had in hand otherwise The Juncto and the Kings Letters taken at Nasby the onely means that the Parliament came to the knowledge of his Intentions then at random until the discovery of the Juncto which was the star that guided them to know somewhat more of his designs then they could clearly discern before and by degrees as God would have it more they came both to know and feel when a long time after his private Letters were taken at Nasby wherein more then enough came to light of his pernicious intents or was fitting for a King so much courted and beloved of English Nation to have attempted for their enslaving a design as I have said though long since by some of the more intelligent sort understood yet till that time never publickly known or visible the onely bar to the accomplishment was that Bellum Episcopale the Prelatical was against his Native subjects the Scots which brought it so about that the Kings game which was a fair fore-game became in the end by the Scots resistance and managety to an after and a lost game and the truth is the Scots were too subtile for all the kings Arbitrary Instruments and understood more of his reaches then happily all of us here shall ever know Now Doctor as to your Objections concerning the present Taxes Excises Customs and Free-Quarter I crave leave for a while to lay them aside to which anon I shall particularly make answer In the mean time I think fit to present you with a Preparative whereby to shew you that all changes and alterations of Government are and have evermore been accompanied with innumerable difficulties and hardships especially where the sword begets them who knows not but that the sword is a very chargeable weapon and such charges are most incident to green and new sprung up Governments and cannot be avoyded as in this case and alteration here with us you see cannot possibly be made good without a vast expence which necessarily ought to be defray'd by the people for whose sakes and conservation of the common freedom their Trustees the Parliament thought fit and best for their future indemnity to adventure on the change of the Government and then as the Adage speaks it They which reap the gains ought to indure the pains and 't is most true that although new gotten liberty be a sweet bait yet it often fals out that the enjoyment thereof brings with it a great deal of sufferance and yet must it be born with patience in hope of better times which may give way to the unburthering of the sufferers And so to your Objections which I shall answer in their ord●r and first to the Excise wherein I shall shew you the mistake since it seems you look onely at the present Impositions without minding their causes which as the postures of affairs now are were necessitated and insorc't on the Parliament to levie on the Nation neither do you look back to those times wherein during the late king and his Fathers raign there was no cause or a peece of a reason to be given why any Taxes should have been imprest on the people without their consents in Parliament yet for your better learning I shall assure you that the very same House in Broad-Street wherein the Office of the Excise is erected for the States use was 20 Moneths at least before the late Parliaments summons rented by Cottington and purposely for that use design'd by the King himself though protracted by reasons of the Scotch troubles As to the Customs we all know to what a height they were grown in the late Kings time to the great regret of the Marchant but that you may know what farther was much about that time in agitation there was a private * Vide That and other Commissions in the Signet Office Commission issued out under the Great Seal wherein twenty eight Lords and Gentlemen were nominated and Authorized to raise on all the Commodities of the Land what new Customs and Impositions the Commissioners should think sit which was the highest strain of Arbitrary power that ever was attempted by any of our Kings As to free-Quarter it is confest to have bin a very g●ievous burthen on the people not only to pay their Monthly Contributions but to be for●'t to give the Souldier free-quarter wheresoever he march't But to answer you in a word that
but that constanrly they will be continued if not encreased and of this we have a president in the change of the Government in the Nether-Lands where on their revolt from the Spaniard the States were enforc'd to raise their Excise on all things which the Natives did eat or drink and to impose Customs on all sorts of Merchandize either imported or exported without which they could never have been enabled to pay their Armies and to wage war with so potent a Prince as the King of Spain and that for 80 years endurance at least which shewes out unto us what we are to expect even a continuation of our Taxes and well it would be if we escape so Prela It s a fine liberty and freedom then that the late Parliament and your reformers have procured to the Nation and indeed Patriotus I am of your opinion that the States here as you stile them must of necessity continue if not encrease the Contributions when as all the Kings Lands and goods the Bishops and Delinquents Estates are sold and spent and when the King comes in to multiply their charge and enforce them for payment of their Armies to take any thing as often they have done wheresoever the Souldier can finde it there being but one only way left us to preserve the Nation from utter ruine and a final destruction Neut I beseech you Doctor what one way is that I shall be very thankful unto you to shew me that learning that so we may see an end of our miseries and that such as my self who never bore Arms on either side neither had a hand in shedding of one drop of blood might come at length to know the uttermost of our pain and enjoy our wonted tranquillity Prel In brief Neutralis 't is the admission of the King to his Royal Rights for without a King and the restitution of the Crown-Lands and the Churches Patrimony never expect an end of our calamities but an everlasting war with the continuation of the Taxes and oppressions of the poor people so long as those innocent Princes of the Royal Line are unjustly kept out of their Inheritance the example whereof we may see in Holland very judiciously even now instanced by Patriotus to whose judgement I appeal as the readiest and surest remedy to cure the convulsions of the Land and to settle peace throughout the three Nations which otherwise is impossible to accomplish Patri Doctor give me leave to dissent from your Opinion and in the first place to remember you of that wherewith even now you and the Colonel taxed the Parliament with the oppressions of the people wherein you over-shoot the mark without looking to the original causes and the reasons which have enforc't the States to impose those payments on the Natives which are necessitated for keeping the poor people from farther bloodshed and oppression 'T is in part true that in case the King of Scots could be as readily admitted as you speak it and in a peaceable and safe way for the Nation both in respect of the present and suture security it might haply conduce somewhat toward a present settelment of affairs for a time which would not be either long or lasting but never disburthen us of our payments for as the case now stands on admission of any one of the late Kings Linage he would doubtless on all opportunities have an animum revertendi a minde to the old way viz. to rule at will and pleasure an ambition inseparably united to the Sep●ers of all Kings especially to these which claim successively and de jure Coronae so that in a short time we should be in statu quo priùs enforc't to fight over again again the old quarrel fo● preservation of the common Liberty Therefore I beseech you Doctor consider well of the present condition wherein we are together with the setled resolution of the State here in being which have not onely taken away the late Kings life as the onely remedy left them to settle a firm peace but farther have resolved to exclude his Posterity a● not holding the Fathers blood either a sufficient expiation for the infinity of blood spilt throughout the three Nations or the Royalties and Possessions of the Crown neither the Lands of the Bishops which without all question were the grand sticklers and promoters of all our late concussions a competent amends for the injuries and losses suffered by the three Nations but in detestation of Kingly Government whence through all Ages hath proceeded such numberless oppressions and imbroylments never to admit of any more Kings besides you may take it in the way what an essay the States have already made for the settlement o● an Aristocratical Government in im●●acion of the Romans af●er their cuting of Tarquin us and his Posterity for Ty●anny an● a● of later days the States of Holland have done and prosperously accomphshed I app●al to your own judgement whether the King of Scots coming in by sorce of Arms or not at all w●ll The destructive consequence of the Sco●ch Kings coming in by the sword not plunge the Nation into an irreparable condition yea into ten degrees worse then at present we are in and that of necessity i● must be so and can be no other please you to have patience I shail render you many infallible reasons and such as I believe cannot be gainsaid besides 't is well known that the present Pretender is affected haply infected with his Fathers principles of absolute Soveraignty which will never sute with the genius of the States here in being which have the staffe in their hands with the Powers and strengths of all the Land at their only command and for ought I can perceive are both able intentive to uphold the present Government and so to establish it that in mans reason its impossible to divest them otherwise then by a stronger power which I believe lies not within the Scotch Kings reach to compass Prel Doubt not you of that for the King is not so destitute of friends and means to accomplish his designs as you imagine neither am I of your opinion that the Kings coming in will make our condition worse then now it is for worser it cannot be but on the contrary he will out of his innate goodness and compassion towards the poor oppressed people relieve them in what possibly he may and that by an act of Oblivion all old grutches with the late dissentions shall be coffin'd up and forgotten in his gracious and general pardon to all parties And I am cleerly of opinion that there can be no safer and readier way to compose all feuds and differences to ease the people of their Contributions and reestablish an everlasting peace throughout the three Nations then the acceptance of his Majesty to be our King as of right he ought to be and as I doubt not ere long he shall be in spight of all his enemies Patri Doctor I be●eech you let
us reason this case amongst our selves in moderation and with patience and let the first Quere be whether the States Government as 't is now setled or shortly may be with our present Contributions for payment of their Armies wil not be more safe and easie for the people then the Scotch Pretenders coming in by force of Arms to assume the Kingly Government Since by a peaceable and conditional way I suppose he will never be admitted So that Doctor without all question he hath no choice left him but that of the sword and then judge you of the issue and into what a lamentable condition the poor Natives will necessarily be reduced when the right of the crown comes again to be disputed on English ground the king as you would have him being personally present And after this Quere Let us compute the hopes helps strengths and assistances whereon both parties may dep●nd for support of each others cause For one battel either by Sea or Land happily will not determine the controversie as t was conceived by some that one battel as that at Edghill in the begining of the late wars would decide the business which proved to be like the pullulation of the Monster Hidra's head which begot others in infinitum and when the late King was in person in the head of his A●my Of the hopes assistances and Forces which the Scotch King may have to recover the Kingly Government compared with the strengths the States have to maintain the present Government argued on all hands I say then Let us make an ●stimate of the forces and assistances of each party which on a due examination and on consideration of that which must necessarily follow when at once as we may conjecture two four or happily six several Armies may be in the field will be so far from easing or d●sburchening of the people that what by free Quartering and inforcing of contributions by one or the other party that the Natives will curse the time that ever your King came amongst them Now Gentlemen do one of you tell me what Forces and Assistances as you conceive the King may have or presume upon for I believe he will come short of his expectation in receiving any considerable Assistance either from the Scotch or Irish and then I will tell you that which all men and your selves do know to be most true what the States here have and may have as well in their present power by Sea and Land as by their Politique managery in fastning friends unto them whereby to make good the present establishment Colonel You being a Souldier and not unlikely having better Intelligence from abroad then any of us what preparations the Scots King hath in forraign parts what friends at home and elsewhere begin you if you please and I will rejoyn Thraso With all my heart In the first place I 'le assure you that since the death of the late King my Royal Master his Majesty that now is whom the States here would exclude hath ten friends for one more then he had before thoughout the three Kingdoms so much your States have gotten by the bargains in Martyring their King neither ought you to believe but that the King hath both in Scotland and Ireland a very considerable party that will joyn with him as soon as he arrives and not a few even in the City of London which expect a good time though they lie still and quiet however the King hath their hearts and will have their hands on all fitting occasions Besides He hath at his devotion all the Catholikes and most of the Clergy of England with all the Lords so lately and Injuriously thrust out of their house together with the better part of the Members of the Commons house pul●ed out by the ears by the Independent Souldery all which refused to take the Engagement and when time serves will appear in Arms for him besides all the The Scotch Pretenders hopes in assistance for recovery of the Crown summed up old Royal party Banished the Realm for their fidelity to their old Master Thus much for the ayds and assistances his Majesty may relie on from his own Subjects And as to his forraign assistance you may rest assured that all the Princes through Christendom when the time serves will engage for him since it stands them upon so to do Neither may you doubt but that all the Princes his neer Kinsmen and Allyes will furnish him plentifully with all sorts of Ammunition and the Hollanders with shipping so soon as they have mastered the Seas and made all things ready for an Invasion for believe it as an evident truth that in the present quarrel by Sea between them and this State the Kings Interest is involved and will be pursued notwithstanding their late brush which they reckon not of neither of a few inconsiderable Ships they having enough of others to recrute in a trice so that you may evidently see that as soon as time serves the King cannot want men and for mony good Swords and Pistols will fetch it in with a vengeance Whence you may discern what an unwildy task the late piece of a Parliament and these new sprang-up States have undertaken and what will necessarily befall them through their own divisions when the King appears in power as of that you may be sure he will sooner then you think on then you shall see a world of the Parliaments friends to fall from them for their own sakes will fight for him and probable it is that a good number of the States Souldiers now in their pay on his Majesties landing with another manner of equipage then all of you are aware of will run from them to him with all their hearts as their indubitable Lord Soveraign Partri Colonel you have indeed succinctly summ'd up what Forces as you surmise the King may have and expect both at home and from abroad wherein you are very much mistaken and do reckon without your host you speak rather what you would have then in reason what the King can have still discovering your malignant heart and flattering your self as most of your party use to do with vain and imaginary hopes not considering how the late King notwithstanding all his wyles and attifices fail'd in all his designs and practises and at last brought him self and his friends to utter ruine to the great detriment and desolation of three Kingdoms still soothing up himself with the goodness of his cause which was as bad as bad might be to the last gaspe neither take you the least notice of Gods providence in the disposure of this wonderful work and change of Affairs neither the continued series of the many mitaculous Victories which it hath pleased God to give to the States Armies wherein the very hand of the Almighty is most perspicuous to all good men but to you and your complices hidden and unseen even to obduracy and hardning of your hearts The
●or acknowledgement that any fault was in himself until he was a Prisoner but evermore laid all the blame on the Parliament 6. That in this long persistance he had wearied and beggered all his friends and assistants at home and abroad to the desolation of three flourishing Kingdoms by the continuation of his Hostility to the destruction of a million of poor Innocent souls without any remorse of so much blood spilt more then of one man his wicked * Straford Instrument 7. That when he protested most and to the height of imprecation the Parliament at last found by the Testimony of his own Letters under his hand-writing that he meant nothing less and more contrary then to his usual Protestations 8. That neither all the Honors Mannors and Lands of the Crown or his own blood without true repentance could be a sufficient expiation to God or recompence to his subjects for the infinite bloodshed rapines and dilapidatins made on the Natives of three Kingdoms 9. That such was his insensibility of bloodshed that the many Lords Gentlemen and infinite others of inferiour quality slaughtetered in his bloody quarrel he made no other reckoning of them then this viz. that they suffered no more then of duty they were bound to do for their King which he avouched on the death of the Earl of Northampton 10. That those unjust pretences which he made under the notion of his Royal Prerogatives viz. the Militia power of War Peace Leagues Treaties Array of the people his negative Voyce in all Parliaments pardoning of Murderers and Fellons condemned by the Laws of the Land were all at his only disposure whereas by the known Laws of the Realm they have been onely entrusted and conferr'd on our Kings by the indulgence of the people in their Representatives as hereafter shall manifestly appear 11. That all his Treaties with the Parliament for peace were persidious and his Propositions evermore umbrated under ●pecious pretexts subtilties subtersuges and mental reservations as 't was evident in that at Colebrook and Vxbridge and more apparent by his own Letters to the Duke of * Vide The Kings Letters to the Duke of Rich. mond with others to the Queen Richmond viz. Not to forget to cajole well the Scots and by that at Oxford by Registring in the Councel-books his calling them a Parliament with mental reservations though not ex animo so acknowledged yet summoned by his own Writs and often so esteemed and call'd by himself and acknowledged to be a legal Parliament by his own mungril Conventicle at Oxford 12 That in all his Declarations and Expresses to the Parliament he evermore seemed to have a tender regard both towards them and the people when he onely intended his own interests with the advance of the Soveraignty to absoluteness by the power of the sword and to convey his designs to his Successors as in the instance of the * Vide One of the Kings Expresses where he yeelds the Militia during his own life but not sor his Sons Militia is most perspicuous when he perceived that the Parliament would no longer trust so dangerous weapons in his hands 13. That some of his best friends suspected him to be too much vers't in the Florentine Principles as indoctrinated by a French and Italian party constantly resident in his own Court and stickled on by the in●usions of the Queen-Mother the Daughter both which had gained a great interest had chiefest influence on his Concels and as'tis well known was wholy governed as the Queen lifted and at last his inclinations so strictly tyed up as that they were not subject to any other alteration then as she prescribed which was a Rule to whatsoever he undretook 14. That he was not wanting to himself for promoting of his arbitrary designs to make use of Machiavels principle Divide impera evermore to sow divisions and to cherish any dissention arising between the Parliament and their friends thereby to ruine them by themselves Thus Gentlemen according to your desires I have given you an accompt of those Reasons which have been given me wherefore the Parliament enterprized on the change of the Government by cutting off the King and his Posterity the premises being so true and undenyable that they satisfied me and prevailed so sar on my belief that I conceive the Parliament could not otherwise possibly have secured the Nation from farther ruine as also that their resolutions therein were directed by the special hand of God considered together with the and great constant charge incident to Monarchy the often pressures and oppressions of the subject through the Tyranny ambition and prodigalitie of most of our Kings the two last having beggered and impoverished them most of all others on which considerations the Parliament in reason of State and as the state of the controyersie then was between them and the King they found it much better to quit themselves and the people of Regal Government and to change it into a Republick as a more safe and cheaper Government rather then any longer to hazard the common liberty on the Rule of any one Prince whatsoever especially not to trust those of the Sotch Nation all our Histories and the Parliaments sad experience having taught them that of late years the Soveraignty by the ambition and artifices of both the late Kings was strain'd and tentered up to so high a pitch that it would not stoop to a lower power then that of absolutenes Now more particularly to answer your Querie as concerning the King of Scots the two Dukes with the rest of the late Kings loyns it seems likewise that the Parliament knowing them to be the Sons of that father who had more wasted the Land then all of the Norman Race before him they had small hopes left them that any of the same line would be much better being tutor'd afore-hand by the Father and at present residing in a French Academy which if admitted to the Government in all likelyhood would be no other then the cause of more blood more charge trouble misery and sorrow to the people very few of our Kings having given the Nation any great cause to be over-much enamoured with their Governments but most of the best much repentance through their Tyrannies and oppressions Prel Sir I profess you have given me fuller satisfaction then I could expect and I believe that you have taken the right measure of the Parliaments foot with the true reasons wherefore they have not onely cut off the Father but excluded all his Discendants onely in the point of their changing the kingly Government into a Republick as more secure and cheaper for the Nation this is a riddle to me for lamentable experience enforms us that all the oppressions and grievances of the people by all or most of our Kings and those so much upbraided and caft in the face of the late King I dare affirm amounts not to the fisth part of the charge and
Keeper Finch Secretary Windibank Piercy Jermine Suckling all of them prime sticklers for the advance of the Kings designs c. In the next place the Kings continued practises to corrupt his own Army and that of the Scots inviting them with great rewards and promises of preferment to march against the Parliament which on any conditions he was then resolved to destroy his then succeding journey into Scotland with the breaking out of the Irish Rebellion during his residence there his assault of the House of Commons on his return his then fortifying and manning of White-hall with the Cavaleers and when he found that by none of these artifices he could break the Parliament he leaves them and departs to York sends Eliot for the Great Seal and procures as many as possibly he could of both Houses to falsifie their trust and adhere to him so to divide and destract them and then raises an Army causing the Lords there attending him to attest that he raised that Army onely for a Guard to his Person and not against the Parliament and immediately sends out his Commissions of Array and marches through several Counties to Nottingham where he erected his Standard of War and after marches to Edgehill where he fought with the Parliaments Army notwithstanding that before from Nottingham he would have perswaded the Parliament by an Express of his own that he did not set up his Standard against them all which and much more of his prodigious Stratagems known to all the World makes it apparant that his intent was to destroy the Parliament and consequently to alter the Government and the Laws as he listed and yet there are at present a new sprung-up number of perverse people amongst us besides the old Royal party that impudently deny the premises and take occasion upon this late change and dissolution of the Parliament and the continuation of the Contributions to asperse the present Parliament with most opprobrious language I wish they would look back to the cause and how diffident soever they are of the kings destructive intentions yet may they please to take a review of his after-actions and what horrible cruelties and oppressions were perpetrated throughout most parts of the Land by his Commanders authorized under his own Commissions after he began the War at Edgehill and made Oxford his Head quarters then questionless they may take the true dimensions of a most unfortunate and tyrannical King neither would it be amiss for them to take it into their remembrance what the Parliament in so perplext times were constrained to put in execution as well for their own safeties as the preservation of the Laws and Liberties of the people Thus far in brief we have made a recital of the principal transactions before that fatal battel at Edgehil whence all Royalists and others diffident of the Kings destructive intentions may evidently see unto what plunges the Parliament was put unto upon the Irish Rebellion in relief of their poor distressed brethren in Ireland that affair by the King himself bring wholy recommended to the Parliaments disposement 400000l in Subsidies assented by himself to be levied to that onely use and the Earl of Leycester by his own approbation design'd for that imployment whom he so long protracted that the term of his Commission was near expired before he went over and as to his proclaiming them Rebels to which the Parliament often prest him he would not in a long time suffer his Proclamations to come forth and at last permitted no more then 40 Copies to be printed notwithstanding these his impediments the Parliament with their best Expedition sent over divers Regiments of foot some horse and cloathes by the way of Minyard and Chester The premises considered by any indifferent man with what honour then or justice could the king countermand those Forces and seize the cloathes horses and money sent to the relief of the poor distressed Irish Protestants against his own Act and Assent and by what law or colour of Reason could he in honor grant the remainder of the third part of that Subsidie to his Lieutenant-General of South Wales for raising of an Army there against the Parliament diverting the use thereof for the relief of Ireland What answer can be made to this other then that which with impudence of the highest strain is commonly alledged by Royalists viz. That the king stood bound both in honour and reason of State to support the Rebellious Irish in what possibly he could so to lessen the Parliaments power by what means soever for advance of his own If this be the reason surely then 't is evident that he not onely favoured the Irish but authorized their Insurrection and that his intent was to incumber and cut out as much work for the Parliament as possibly he could invent and in that course to protract the War in Ireland and to pursue it in England as 't is most manifest he did during full six years together neither would he be induced by the Parliaments many and most humble Petitions really to apply himself to a safe and well-grounded Peace for the Nation though still pretending how willing he was to embrace it when as by the sequel he intended to have it no other then as suted to his own will and pleasure and yet all of the Royal party as constantly defends him as himself obstinately persisted so long as his power lasted to embrew all the three Nations with blood fire and devastation and to his last * Vide The Kings Speech on the Scaffold hour stood stiffly in the affirmative that the absolute command of the Militia was his and that the Parliament on that only ground first began the War and not he contrary to his own acknowledgement in the I le of Wight and elswhere viz. That he had been the cause of all the innocent blood spilt throughout the Land I wish he were not guilty of that in Ireland the presumptions being so pregnant as that thousands of honest and knowing men cannot be otherwise perswaded sure enough he was most notoriously guilty of all the blood spilt in England and Scotland We now come to the kings Prerogatives as the basis on which all Royalists ground the lawfulness of their partaking with him in the late War as bound by Oath their Allegiance and in conscience to support his Soveraign Rights We shall for their better satisfaction present them in a Catalogue and answer them in their order forasmuch as they still constantly maintain them to be the kings inseparably united to the Crown and that full sore against his will he was inforc't to uphold them as invaded by the Parliament since then that as Royalists aver the King onely fought to uphold his inheritance and themselves with him let us briefly examine by what Law and right he claimed them together with the destrctive consequences should he have obtained them by the sword and whether then he had not carved out his own