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

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beginning of this Parliament accepted of one for the County of York Gave his People to understand That He had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for and secure them in a legal way lest under a pretence of danger and want of Authority from His Majesty to put them into a Military posture they should be drawn and engaged in any opposition against Him or His just Authority But 21 June 1642. e The Lords and Commons in Parliament Declaring The design of their Propositions of raising horse and moneys was to maintain the Protestant Religion and the Kings Authority and Person and that the Forces already attending His Majesty and His preparations at first coloured under the pretence of a guard being not so great a guard as they themselves had constantly for 6. moneths before did evidently appear to be intended for some great and extraordinary disign so as at this time also they do not charge the King with any maner of action of War or any thing done in a way or course of War against them and gave just cause of fear and jealousie to the Parliament being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make a War against their Soveraign did forbid all Mayors Sheriffs Bayliffs and other Officers to publish His Majesties said Letter to the City of London And declare that if He should use any force for the recovery of Hull or suppressing of their Ordinance for the Militia it should be held a levying War against the Parliament and all this done before His Majesty had granted any Commission for the levying or raising of a man and lest the King should have any maner or provision of War to defend himself when their Army or Sir John Hotham should come to assault Him Powder and Armes were every where seized on and Cutlers Gun-smiths Sadlers and all Warlike Trades ordered not to send any to York but to give a weekly account what was made or sold by them And an Order made the 24. day of June 1642. That the Horses which should be sent in for the Service of the Parliament when they came to the number of 60. should be trained and so still as the number increased 4. July 1642. The King by His Letter under His signe Manual commanded all the Judges of England in their circuits f to use all means to suppresse Popery Riots and unlawful assemblies and to give the People to understand His Resolution to maintain the Protestant Religion and the Laws of the Kingdom and not to govern by any Arbitrary way and that if any should give the King or them to understand of any thing wherein they held themselves grieved and desired a just reformation He would speedily give them such an answer as they should have cause to thank Him for His Justice and favour But the same day a Declaration was published by both Houses of Parliament commanding g That no Sheriff Mayor Bayliff Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many dayes before having been imprisoned for proclaiming the Kings Proclamation against the bringing in of Plate c. should publish or Proclaim any Proclamation Declaration or other Paper in the Kings Name which should be contrary to any Order Ordinance or Declaration of both Houses of Parliament or the proceedings thereof and Order h That in case any forces should be brought out of one County into another to disturb the Peace thereof they should be suppressed by the Trained bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Town of Hull whilest the King is at York i seizeth on a Ship coming to Him with provisions for His houshold takes Mr. Ashburnham one of the Kings Servants prisoner intercepts Letters sent from the Queen to the King and drowneth part of the Countrey round about the Town k which the Parliament allows of and promise satisfaction to the owners 5 July 1642. They Order a subscription of Plate and Horse to be made in every Countey and list the Horse under Commanders and the morrow after Order 2000. men should be sent to relieve Sir John Hotham in case the King should besiege him to which purpose Drums were beat up in London and the adjacent parts to Hull The Earl of Warwick Ordered to send Ships to Humber to his assistance instructions drawn up to be sent to the Deputy-Lieutenants of the several Counties to tender the Propositions for the raising of Horses Plate and Money Mr. Hastings and divers of the Kings Commissioners of Array impeached for supposed high Crimes and misdemeanours and a Committee of five Lords and ten of the House of Commons ordered to meet every morning for the laying out of ten thousand pounds of the Guild-hall moneys for the buying of 700. Horse and that 10000. Foot to be raised in London and the Countrey be imployed by direction of the Parliament and the Lord Brook is furnished with 6. pieces of Ordinance out of the Tower of London to fortifie the Castle of Warwick And 9. July 1642. Order That in case the Earl of Northampton should come into that County with a Commission of Array they should raise the Militia to suppresse him And that the Common Councel of London should consider of a way for the speedy raising of the 10000. Foot and that they should be listed and put in pay within four dayes after 11. July 1642. l The King sends to the Parliament to cause the Town of Hull to be delivered unto Him and desires to have their answer by the 15. of that moneth and as then had used no force against it But m the morrow after before that message could come unto them they resolve upon the Question That an Army shall be forthwith raised for the defence of the Kings Person and both Houses of Parliament and n those who have obeyed their Orders Commands in preserving the true Religion the Laws Liberties and the Peace of the Kingdom and that they would live and dye with the Earl of Essex whom they nominate General in that Cause 12. July 1642. Declare That they will protect all that shall be imployed in their assistance and Militia And 16. July 1642. Petition the King o to forbear any preparations or actions of War and to dismisse His extraordinary guards to come nearer to them and hearken to their advice but before that Petition could be answered wherein the King offered when the Town of Hull should be delivered to Him He would no longer have an Army before it and should be assured that the same pretence which took Hull from him may not put a Garrison into Newcastle into which after the Parliaments surprise of Hull He was inforced to place a Governour and a small Garrison He would also remove that Garrison and so as His Magizine and Navy
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
be argument enough to conclude They vvere more likely to loose by a peace then a vvar therefore the more vvilling to continue it And if their own interests vvould not put them so far upon it their vain glory and ambition vvould be forvvard enough to persvvade them to it and if not that the success of their arms or miscalled Providence vvould make them look as experience tels us they did upon any tenders of peace as Alexander the Great did upon Darius his offer of halfe his kingdome and if not that their feares and iealousies now growne greater by wronginge of the King then ever they were when they without any cause suspected him could never think it safe to let an inraged Lion into his Den they had so long kept out of it But the King could not fight for his owne but hee must adventure the undoeiug of his owne and could not but know that so much as was lost of his Subjects would be so much lost of a King and therefore doth all hee can to preserve a People who had no minde to preserve themselves and the morniug before he was inforced to fight in his own defence at Edg-hill did not only scnd his Proclamation of Pardon to all except the Earl of Essex wch would lay down their Arms but before hee had gathered up the Bayes which he had there won sends afterwards a like Proclamation of pardon to all those that the day before did all they could to kill him And in all his actions of War afterward behaved himself like a weeping Father defending himself against the strokes and violence of disobedient Children For had the Parliament accepted of his offers before he came to Beverley or besieged Hull he had never set up his Standard at Nottingham or had they loved his people but half so much as he did their Armies had never seen his Banners display'd at Edge-hill Had they hearkned to his many endeavours for peace after that battel and not sought to surround or ruine him when he came so neer as to their very doors to intreat for it they had never been troubled to frame an accusation against him for defending himself at Braynford had his Treaty at Oxford been proceeded in with the same desires of peace he brought to it the blood that was shed at Caversham bridge had been kept for better purposes had he sought his own advantages he had not besieged Glcoester or had he not been so unwilling to put the people in it to the hazard of a storm might have taken it had they not sent their General to assault him at Gloucester whil'st he was as David besieging the strong hold of the Jebusites that with-held it from his obedience and sought to ruine and undoe him as well as his Loyal Subjects he had not fought with them afterwards at Newbury had not his Olive branches been flung in the fire by those he sent them unto he had not been put to defend himself at Cropredy bridge had any thing been able to prevail with the Parliament to pitty their fellow Subjects he had not taken such a tedious and dangerous march to relieve those they would have ruined at Bodmin in Cornwal had the Treaty at Uxbridge taken effect he needed not afterwards have adventured so much to defend himself at Newbury had not the new model'd Army after so many tenders of peace refused by their masters been sent out to destroy him he had not been put to the trouble of taking Leicester for his security and had not he been surrounded and almost surprised by them he might have reserved himself to a better success and advantage then he had at Naseby had his voluntary resigning up of the remainder of his Armies and Garisons been able to perswade any thing with them there had not been so much as a Relique of War left in the Kingdome or could so many messages for peace and so many Petitions of the people for it have made but any impression on the Parliament so many divisions parties and insurrections had not since broken the Harps of the Children of Israel nor had the drums outgone the voice of the Turtle He that could not bring himself to the common actions of War to hang a Spie but when one was hanged before he knew of it was intreating the Governour of Oxford to spare him He that when he had in his power John Lilborne one of the most factious that were against him Wingate and Darley Parliament men Col. Ludlow an actor of that Treason his father had not long before spoken against him and Dr. Bastwick one of the bellows and principal factours of this horrid Rebellion did no more then imprison some of them and giving the rest a legal Tryal shewed them what the Law they made silly people believe they took up arms to maintain would judg of them and suffered them to be exchanged to do what they could afterwards against him He that when he had taken 400. Prentise-boies in the Fight at Brainford did but dismiss and pitty them and when he had compelled the Earl of Essex the Parliaments General at Lestithiel in Cornwal to fly away by Sea in a Cock-boat leave all the Artillery and foot of his Army to his mercy did no more but only disarm them and take an Oath of them never more to serve against him And being then in the hight of his prosperity sent a Message and offer of peace to the Parliament who were low enough at that time if their designes would have given them leave to have received it He that could say He should be more afraid to take away any mans life unjustly then to loose his own was not likely to be guilty of blood-seeking or the sheding of it He that had experience enough how much his Life and Crown were sought for yet to shew them the way to peace and to take off all pretences to hinder it could sheath his own sword and put himself into the hands of those he had so little reason to trust as he knew them to be the great contrivers of the War against him caused the Marquess of Montrosse one of his mighty men of war to disband when he was master of a strong and not long before fortunate Army in Scotland commanded Newarke Oxford Wallingford and Worcester very strong and almost impregnable Towns and Garrisons in England to be delivered up and all acts of hostility by sea and land and all the preparations his friends could make either in forraign parts or at home to cease He that could endure five years Ballading Libelling and preaching against him and such heaps of numberless affronts and injuries of all kinds done unto him and two years imprisonment afterwards yet so long as he enjoyed but the liberty of pen and inke or a messenger to carry it did so tire them with messages and offers of peace as they Voted it to be Treason for any to bring any message from him and
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