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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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grievance hath been a good space since taken away and the Souldier wheresoever he now Quarters pays both for horse and mans meat moreover the States have very much lessned their Forces onely retaining such numbers of horse and foot as may keep in awe such as you Collonel of the Royal Party which if not secured it may happily be more hurtful to the Nation then the not securing of our out-works against the ingrateful Dutch on whom the Malignant party which are still rotten at the heart looks upon with a pleasing eye in hopes so to order their designs as at last to bring in the Scotch Pretender though to their own particular ruine and the general destruction of the poor innocent people but in farther answer to your Objections suffer me to put you in remembrance what long since and before the late War began was projected by the late king when he was in peace and amity with all the Princes of Europe you shall finde it most true that in so great a calm of quietness divers Regiments of Germane horse were designed to be transpotted hither to keep all the Natives in awe and under the whip and in order to that the Deputy Straford in as calm a time of quietness as ever Ireland enjoyed had raised there an Army of near ten thousand Papists which for many Moneths and some years together were there both disciplined quartered and paid for the most part at the charge of private men and such as were averse to his Tyranous courses and in addition to those grievances on the Irish Scotch and English the imperious Deputy having taken to farm the Customs of that Kingdom at an excessive under-value he imposed on all the Commodities of the Land an incredible surplusage above the Rent he payd to the King Happily you may here ask the Question to what end such an Army was there raised and quartered on the Irish and so great Taxes imp●sed on all the Commodities of that kingdom I answer The Deputy himself tells you the reason as you may see it in the * Vide. The Juncto Juncto You have an Army says he to the King in Ireland to reduce this Kingdom If you put the Question farther Why to reduce this kingdom being in peace I shall tell you that Army of foot with the Germane horse were all to be Garrisoned in England on free-quarter to amuse and keep the people in subjection whilst the king playd his game for the reducing the Scots to the Enslaving of all the three Nations If again you demand What the King would have done with so vast a Treasure as he intended to raise on both Kingdom the Deputy could have yeelded you a reason and president for this too viz. to erect Castles and Forts in both Kingdoms * Witness his great Structure not far from Dublin Houses of pleasure as capacious as Towns Parks of as large an extent as whole Parishes Masks Friscals Comedies Tragedies for the Saboth Banquets Junkets and such-like petulancies wherewith to please the Queen and the Court Ladies to gratifie Madam Nurse her Fidlers and Dancing-Masters for rest assured that the King meant not longer to depend on Parliamentary assistance for defraying of the Court expences neither to be controld for any irregularity he pleased to put in execution and this as tenacious as he was had often dropt from his own mouth and Cottington could openly say at his own Table 1638 when a Gentleman of honour told him That the best way for the King to fill his Coffers would be by the ayds of Parliament What needs that replies Cottington the King hath other ways in hand to supply his wants without Parliaments And indeed gentlemen as it seems you know not what the King had then in agitation some what more I shall tell you that there were certain odd * Dangerous Papers of the Duputies discovered Papers of the Deputies which I finde not were in question at his Arrainment for the Parliament had proof enough wherewith to charge him of his intention to alter the Government but those Papers intimate that the design was laid that no man was to stir above ten miles from his Habitation without leave and shewing his occasion and that no man was to be master of his own Train Arms either for his Domestick use or the Publick defence but that every Particulars mans Arms were to be deposited in one Magazin and in one place throughout all the Countries of England and Wales neither was any Houshoulder to be permitted to have the use of so much as a Pitch-forke without special license such a strange change of Soverainty was not only in hatching but in the high way of execution had it not been put by and obstructed as already is declared by the refractory Scot who marr'd all the Kings work the Deputies Archbishops and Cottingtons endevours to have accomplisht the whole design but how Almighty God i● his Justice hath disappointed and disposed of them all I leave to your second considerations Now Doctor if I have not given you a full Answer to all your Objections would my leisure permit my longer stay I could give you a little better satisfaction but for the present I say no more but examine well the case as the King before the Wars began was carrying on his designs and at a time when he had no cause at all to attempt as he did and then take into your more serious consideration the Parliaments case and condition which inforc't them for safeguard of themselves and those that trusted them to leavie men and money and since of necessity to Impose Contributions on the the people for support of the common Interest and then you will finde a great difference between one and the others case onely for a close of our Conference and in farther proof of the premises I beseech you tell me wherefore the King at this last Expedition against the Sco●s 1640 Commissioned Cottington Lord-Warden of the Tower with injunction to see that place well Fortified and man'd which in obedience to his Majestie in commands was presently put Execution but with such a refuse of Bankrupt * Billingsly and Suckling Colonels and Souldiers as could not be match't in all the Kingdom then to mount near upon twenty great Guns on the White Tower with their mussels turned against the City if you cannot tell the the reason I le tell it you That it was to awe the Citizens out of fear and jealousie that some one or other insurrection which the Projectors own guilty consciences suggested to themselves might fall out during the Kings absence in the North and to mar the work he had then in design before it came to maturity to be put in execution Why then and at the very same time the King should Commission the late Earl of Worcester a profest Papist as Cottington was no better as Lord President of the Welch-Marches commanding the Earl of Bridge-water a sound
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
an implacable hatred do you of the old Cavalry in general bear towards the Citizens that if God ave●t it not in all probability the whole City will run the same fortune with Saguntum in Spain Carthage in Africa and Jerusalem in Asia and this fate the Cavaleers themselves have often in my hearing wisht unto it Neut Gentlemen your divinations seem strange to me and they very much trouble my cogitations to hear you talk in such horrid language I hope you believe the King of Scots to be a Christian and not that he will destroy himself which will be as good as done whensoever so great and oppulent a City becomes ruined which is the key of the Kingdom and from whence issues the greatest Revenue and Income the Kings of England have ever received by Customs and Imposts from the Merchants but more especially since he cannot be ignorant that he hath within this City a world of loyal Subjects as I my self for one which never bore arms against his Father nor voluntarily contributed to the Parliament one groat otherwise then needs he must whom the Devil drives therefore I doubt not however the game goes he will remember his friends and distinguish them from his foes Patri Excellently well infer'd Neutralis it seems then you conceive your self safe and sure for that in all the late Wars you have carried your self in a neutral way according to the old adage bene vivit qui bene latuit he fares best that keeps himself close and out of the scuffle But suppose the King after his Victory and march comes to be possest of the City accompanied as that you may believe with four or five several Nations can you imagine that so numerous an Army attending his person will or can Quarter elswhere then in the City and when they are there think you not but that the Souldier will have a minde to the business viz to take A continued description of the lamentable effects that will● besal the Nation in the case aforesaid up their pay out of the ransacking of the Citizens and that without any distinction of persons haply you conceive that the King out of his Grace and good will towards his friends will cause a mark or some cross to be set up at their doors whereby to difference his loyal Subjects from those which assisted the Parliament and took up Arms against him and his Father No Neutralis let not such a Chimaera enter in your thoughts when you shall finde your imagined cross to be no other then in so promiscuous a plundring that your self or any others of your mode shall escape scot-free or that whensoever the Souldierie falls to riffling think you any of them will be so nice and mannerly as to forbear any that lies in the way of their fury or that in such a confusion the King himself were he willing can stay them which afore-hand are prompted to enr●ch themselves with a booty which lies so readily before them or that the Souldier will be so modest as to omit so fair an opportunity and suffer the Citizens to convey their cash and commoditities out of the way of their needy and greedy clutches Let me I beseech you dispute this case a little farther with you for rest assured that not onely those which had a hand in his Fathers death whom long since he hath doom'd to death and confiscation by his own D●clarations but even all those which assi●ted the Parliament or stood neutral will necessarily sall into the number of plundred persons yea all such as at the begining of the War took up Arms and were listed under the Earl of Essex which indeed were the first that broke the Ice and made the way open to the new Model under the Lord Fairfax and the now Lord General Cromwel Do you think that any of those of the first establishment which laid down Arms when the Lord General Essex layd down his Commission divers of which either before or after have been chosen Parliament Members and were known to be bold speakers in the behalf of the late Kings re-admission to the Kingly Government will or can escape If you conceive they will your imagination is vain and reasonless since it stands not with reason of State or the Kings necessities to lose the least grist that otherwise may come to his wanting Mill Moreover you may be sure on 't that in order to all the premised plundrings and confiscations you shall finde all rich men or so accounted will be cal'd to an after reckoning and holes pickt in their coats of what party soever they have been to the end to supply the Kings great debts and urgent necessities for who knows not but that he hath borrowed much and yet wants more then can well be Of the fearful consequences that attend a Conquest imagined and that having the sword in his hand he will and must have money wheresoever it is to be had and then believe it the next bout will be a strict inquisition whom they are or have been which have taken the old Covenant and the new Engagement or have bought any of the Crown-Land or goods of the late Kings the Bishops Delinquents estates and in order to this progress a rigorous inquiry will of cou●se fall in who they are which the Parliament hath employed as actors and inst●uments for the promoting of their designs whether in the City or elsewhere in the Country neither may you doubt on'c but that all the Judges Serjeants at Law Officers Clerks of the Crown and Chancery Sheriffs Justices of peace Commissioners Committees with all other inferior Clerks and Officers whom the Parliament have employed throughout the Nation acting by and under their power will by degrees be fetcht over and enforc't to come off with greater Fines then possibly they are able to bear and this in part was put in practise by the late Kings Commissions thoughout all his Quarters and wheresoever his Armies had prevalence when he resided at Oxford and elswhere and enough there will be which will not fail to instruct and inform this King that all the riches of the Land saved from the spoyl of his Father will not be sufficient to make him satisfaction for the infinite losses which the Crown hath sustained since the beginning of the late War and to recompence such as have suffered by taking his part Thraso Signiour Patriotus dam me if all that you have now said be not Oracles and the King ought not or can in honour do less then that which with well measured reason you have declared and in case he doth it not to a hairs breadth I shall take him not to be so wise as he should be for in confirmation of your opinion I le tell you a story and 't is a true one on my life and the reputation of a Souldier that all of us at Oxford concluded * This is a known truth and hath been often aver'd by many residing
at Oxford 1642. when to all mens think●ng the King was in a sairer way to have carried all before him that after the destruction of the Parliament the King undoubtedly was resolved both to alter the Laws and change the Government hang all the Parliament men at Westminster for high Treason and then banish all the Puritans in England and next the design was to take the same cou●se with the Presbyterians of Scotland as the greatest Enemies to Monarchy and Episcopacy in the World and if ever the King comes to be Master and in the way wherein I doubt not but he shall be with the sword in his hand and we of the Cavalry at his heels if he hangs not ten thousand of these Puritans Independants and Presbyterians I shall for ever hereafter judge him uncapable of the managery of any other Scepter then that of a sweetch or an hon●st riding rod and be confident Gen●lemen of the truth of this Story in confirmation whereof I remember that my Master commissioned the chief Justice Heath the Atturney Harbert with divers more of our Lawyers at Oxford to go in their Circuits as I remember they cal'd their Commissions of Oyer and Terminer with Authority to hang all those as they well deserved of the Parliaments party but a pox take them they were so much aforehand with us of his Majesties party that the King was compeld to * The reasons of the late Kings withdrawing of his commissions of Oyer and Terminer retract his Commissions for saving of such of his own party then in the Parliaments custody though one Francklin whom I took prisoner at Marleborough and one Sir Hugh Owins Burgess of Haverford-West both Parliament Members the first whereof indeed dyed in prison at Oxford before his Tryal but as to the other I well remember he was design'd by the King himself to be tryed in his own Country and for High Treason however as afterward I heard he escaped the halter but no otherwise then for the reasons before told you moreover I am confident that if his Majesty that now is comes once to ride on the fore-horse he will not fail to make sure work with all * The late Kings design to quit himself of all Parliaments Parliaments and that neither himself or Successors shall stand in fear to be farther controuled by them or made slaves to their Subjects Prel Gentlemen you have all spoken according to your fancies and affections sure I am 't is very fit that restitution should be made where estates have been been injuriously taken from the right Owners and services rewarded by him for whose use and benefit they were performed and 't is Divinity That the Labourer is worthy of his hire but in case the King cannot come to his own otherwise then by the sword I say that such as shall assist and enable him to obtain that which no man can deny to be rightsully his own ought in all equity to be recompenc't by some means or other for as the present condition of the King now stands I see no other means left him but by seisure of the Parliaments estates and plunder of the City from whom my late innocent Master received his bane and the Parliament the means both to furnish and maintain an Army against him at an instant Patri Pardon me good Doctor since I perceive you somewhat mistake me for I say not that in case the King comes in by the sword he then ought to ransack the City but that of necessity he will be compel'd to do it otherwise the Souldiers will of courle do it of themselves since 't is well known to be the design of the Royal party both at home and abroad to be revenged on the Citizens whensoever opportunity serves them for 't is confest on all hands that in the beginning of the War they voluntarily came in with their moneys jewels and plate and trusted it on the publick Faith without which on an instant the Parliament could not possibly raise and pay such an Army as they did and there is no doubt on 't that in case the King shall make scruple to plunder the City yet am I confident he shall be sufficiently prest and invited to do it or at least to impose such a ransome on it as the Citizens shall never be able to undergo but God forbid either of them should be put in execution Thraso Now Patriotus I perceive your meaning but what you would not should be put in execution rest assured If I can help it on it shall not be left undone and I farther say that in case any such opportunity shall be offered God forbid it should be omitted Neut And I am glad Colonel I know your good meaning towards the City but I hope God will so provide for us as hitherto he hath done that as yet we have not tasted of those cruelties which you of the Kings party have committed in several parts of the Land whereby you have made the Kings memory odious to the present times and future so I doubt not but the same God will preserve and defend us from your malice But I beseech you Patriotus may there not some way or other be thought upon to admit of his Majesty who now is on safe and honourable terms and such as may sute with the security of the Nation Patri Surely in my poor judgement as the late King and present Pretender hath handled the matter there are no hopes left to any of that Family by a peaceable way to re-invest themselves with the Regal Dignity but onely that of the sword and then I have already told you in plain English what in all probability will be the sad issues either continual attempts made on the present power by the Pretender or a perpetual continuation of war so long as any of the Family and dissendants of King * King James the first plotter of absolute soveraignty projector to dissolve destroy Parliaments and this design farthered by the Prelates James remain alive who to speak the truth lead the way to all our miseries and concussions both in the Church and State and his Successor pursuing his principles what through his own inclinations to absolute Soveraignty the Queens Mother and her Daughters Councels furthered by the Bishops and other corrupt instruments so brought it about both to his own ruine and the dis-inheriting of the present Pretender so fatal a thing it is when Princes will be more then of right they should be and will not remember that they are no otherwise to govern their people committed to their tuition but by the same Rules * Daniel in vita Reg. Johannis Laws and conditions as at their first ingress they received their Crowns on Oath and when the Grand father and Son shall forget their own Engagements and recede from their own principles viz. that if * Vide Basilicon Doron Kings would but consider that they are ordained of God for
took part with his Father and in this supposed Conquest joyn'd in ayd of himself so that the estates of the Parliament Members would be much with the least to make them all compensation for their services and losses sustained by Seisures Sequestrations many total Confiscations nay you may rest assured that there would follow upon such a Conquest a more exact and rigorous search for Delinquents estates against the king then ever the Parliament made for Delinquents against them and you may build upon 't that not a common Souldier whether Native or Stranger but would press the king for some considerable recompence for his service Insomuch that there would necessarily fall out such a strange change of affairs and so much oppression of the people above that which we now suffer as that it would amaze the universal people to look upon the miseries which would befal them neither ought you to esteem of that ridiculous surmise of Judge Jenkins annexed to the conclusion of all his jugling fragments to wit that the late kings Act of Oblivion would have been the readiest and onely way both to reconcile all differences and as he infers settle peace throughout all the three kingdoms that being a subtil kinde of begging the Question and onely for his own private ends having a tacite relation to himself though craftily umbrated under the vail of the common good and in a cunningness to endeer the Souldery to him with a super-indulgent seemingly Of the juglings of Judge Jenkins in Lex terrae care he pretended to have them paid by all means when the crafty fox only intended his own indemnity in freeing himself of all debts acompts and moneys trusted in his hands and for many years most unjustly detained from the right owners * Mr. John Earnly by name of the county of Wilts you may take it in the next degree of an article of your faith that the king comming in by the way of the sword cannot for the reasons alledged be so prodigal of his grace as to spend so lavishly on the stock of his new gotten Conquest to grant a piece of an Act of Oblivion for farther proof whereof I pray remember that when the late king after the battel at Edge-hil fortified Oxford and as then to most mens judgement was in a sairer way to carry all before him there was not any debate in that mungril Parliament as the king in his Letters to the Queen calls them that pleased him and glad he was to be rid of the tumultuous motions there made unto him for even that Conventicle composed of the Fugitive Members of Westminster plotted by himself had not the right measure of his foor but in a confused and streperous manner fell always athawrt his inclinations which were secrets he meant not to discover but to such as could guess at them and comply with his designs before himself came to disclose them and such as had that faculty were the best instruments for his turn and believe it Gentlemen he was too dark and cunning a Prince for any that he ever imployed certain it is could he then or at any other time have destroyed this Parliament he would have altered the Government and hanged by degrees most if not all the Members together with all their adherents and consequently to have made use of their estates as the exegency of his affairs then required to gratifie such of the Nobility and Gentry as he had befool'd in to side with him though to their own loss and that of the universal Nation and this was well known to all men of an ounce of wit that made any resort to his Oxford Garrison as it hath been openly confest by some of his chiefest Commanders * Colonel Leg and others and of greatest trust about his person since the rendition of that City and in this particular I appeal to you Colonel who then waited on his Majesty Colonel That which you now avouch Patriotus is a known truth and the king in reason of State and in reference to his own profit and the designs he had in hand as also for our sakes which stood to him would do no less then change the The change of the Laws and Government which of necessity would follow a Conquest Laws and the Government but especially to quit himself of all Parliaments which throughout most Raigns have been so cross and opposite to their kings and so to any Act of Oblivion after a Conquest obtained and that then a general pardon should have been granted to all sides the Judge was out of his sphear and pratled like a Parrot for admit that the king should so much overshute himself as to grant an Act of Oblivion in what a condition should we of the Souldiery be what then could we expect in reward of our service which for his late Majesties sake and the Kings that now is or shall be in spight of the Devil have hazzarded our lives and fortunes Sure I am my late Master not onely promised me but granted to divers of us his Commanders such and such Parliament mens estates yea and o● * Witness Colonel Gunters estate of the County of Pembrook and divers others Delinquents both Lands and Goods and you may be sure more he would have given had he obtained his ends then all of you are aware of and I doubt not but that his Royal Successor in good time will do the same as his Father intended so soon as he comes to be invested with the Septer otherwise he would be the most ungrateful Prince most deficient and wanting to himself that ever was in the world Nay reason perswades me Patriotus to concur with your opinion as touching this treacherous City of London from whence the Parliament in the very beginning of the War had their only assistance and were first enabled to wage War with their King which I hope his now Majestie will never forget whensoever he comes to be Enthroned and then I doubt not but to have a good shane of the Citizens money Gold Chains Rings Plate Jewels Silks Satins Velvets Of the implacable batre the Cavaleers bear to the City of London and that in plentiful measure since I have taken special notice that they bequeathed not all their Riches to the Parliament some I am sure and that good store are left for such as better deserves them then such Mecanicks as knew not how otherwise to use their goods then to the destruction of his Majesty and the Kingdoms detriment Patri Colonel I profess I am bound to honour you for that you have candidly and like your self spoken the truth and what in reason in such a case would befall the City not onely in the total plunder thereof which will be much with the least to satisfie such a multitude both of Natives and Strangers neither can it sink into my understanding that the ransacking of the City will be the worst that may befall it such