or force to do what he will but a knowing wise discreete man that opens the Peoples eyes and does not lead them by the noses but governe them with wisedome and discretion for their owne good Therefore Gentlemen-Royalists be not so mad as to misconstrue either the Oaths of Allegiance or Supremacy or any League or Covenant that any man should sweare to give any one leave to cut his throat the true meaning is that the King of England was supreme in this land in opposition to the Pope or any other Prince or Potentate as the words of the Oath do import that no foraigne State Prince or Potentate c. In case of any forraigne invasion the King was by Law to be Generalissimo to command the People for their owne safety and so it was expounded by the Parliament in 13. Eliz. which for some reason of State was not permitted to be printed with the Statutes besides God told those Kings whom he had formerly annoynted what their duty was not to exalt themselves overmuch above their brethren to delight themselves in the Law of God out of which I inferre that the Turkes Tarters Muscovites French Spaniards and all people that live at the beck and nod of tyrannicall men may and ought to free themselves from that tyranny if and when they can for such Tyrants that so domineer with a rod of iron do not governe by Gods permissive hand of approbation or benediction but by the permissive hand of his Providence suffering them to scourge the People for ends best known to himselfe untill he open a way for the people to work out their owne enfranchisements But before I speak of the warre it will be necessary for the satisfaction of rationall men to open and prove the Kings wicked designe wherewith he stands charged Now that he had from the beginning of his raigne such a designe and indeavour so to teare up the foundations of Government that Law should be no Protection to any mans person or estate will clearly appeare by what follows 1. By his not taking the Oath so fully as his Predecessours did that so when the Parliament should tender good laws to him for the Royal assent he might readily answer that he was not by Oath obliged to confirme or corroborare the same 2. By his dishonourable and perfidious dealing with the People at his Coronation when he set forth a Proclamation that in regard of the infection then spread through the Kingdome He promised to dispense with those knights that by an old statute were to attend at the Coronation who were thereby required not to attend but did notwithstanding with in few months after take advantage of their absence and raised a vaste summe of money out of their estates at the Councel Table where they pleading the said Proclamation for their justification they were answered that the law of the land was above any Proclamation like that Tyrant that when he could not by law execute a virgin commanded her to be deflored and then put to death 3. By his altering the Pattents and Commissions to the Judges wch having heretofore had their places granted to them so long as they should behave themselvs therin he made them but during pleasure that so if the Judges should not declare the Law to be as he would have it he might with a wet singer remove them and put in such as should not only say but swear if need werethat the Law was as the king would have it for when a man shall give five or ten thousand pounds for a Judges place during the kings pleasure and he shall the next day send to him to know his opinion of a difference in law between the king and a subject it shal be intimated unto him that if he do not deliver his opinion for the king he is likely to be removed out of his place the next day which if so he knows not how to live but must rot in a Prison for the money which he borrowed to buy his place as was well known to be some of their cases who underhand and closely bought great places to elude the danger of the statute whether this was not too heavy a temptation for the shoulders of most men to bear is no hard matter to determine so as upon the matter that very act of his made the King at the least a potentiall Tyrant for when that shall be law which a King shall declare himselfe or which shall be declared by those whom he chooses this brings the People to the very next step to slavery But that which does irrefragably prove the design was his restlesse desire to destroy Parliaments or to make them uselesse And for that who knowes not but that there were three or four National meetings in Parliament in the first foure yeares of his Reign which were called for supply to bring mony into his coffers in point of Subsidies rather then for any benefit to the People as may appear by the few good Lawes that were then made But that which is most memorable is the untimely dissolving of the Parliament in 4o Car. when Sir John Elliot and others who managed a Conference with the House of Peers concerning the Duke of Buckin ham who amongst other things was charged concerning the death of King James were committed close prisoner to the Tower where he lost his life by cruel indurance Which I may not passe over without a special Animadversion for sure there is no Turk or Heathen but will say that if he were any way guilty of his Fathers death let him die for it I would not willingly be so injurious to the honest Reader as to make him buy that again which he hath formerly met with in the Parliaments Declaration or elswhere in such a case a marginal reference may be sufficient Nor would I herein be so presumptuous as to prevent any thing that happily may be intended in any Declaration for more general satisfaction but humbly to offer a Students mite which satisfies my self with submission to better judgments How the King first came to the Crown God and his own Conscience best knew It was well known observed at Court that a little before he was a professed enemy to the Duke of Buckingham but instantly upon the death of King James took him into such special protection grace and favour that upon the matter he divided the Kingdom with him And when the Earl of Bristol had exhibited a Charge against the said Duke the 13. Article whereof concerned the death of King James He instantly dissolved that Parliament that so he might protect the Duke from the justice thereof and would never suffer any legal inquiry to be made for his Fathers death The Rabbines observe that that which stuck most with Abraham about Gods command to sacrifice Isaac was this Can I not be obedient unlesse I be unnaturall What will the Heathens say when they heare I have killed my only son What will
King Charls his Case OR AN APPEAL To all Rational Men Concerning His TRYAL AT THE High Court of Iustice Being for the most part that which was intended to have been delivered at the Bar if the King had Pleaded to the CHARGE and put himself upon a fair TRYAL With an additional Opinion concerning The Death of King James The loss of Rochel and The Blood of Ireland By JOHN COOK of Grays-Inn Barrester Justice is an excellent vertue Reason is the life of the Law Womanish pity to mourn for a Tyrant Is a deceitful cruelty to a City London Printed by Peter Cole at the sign of the Printing-Press in Cornhil near the Royal Exchange for Giles Calvert at the Black Spread-Eagle at the West-end of Pauls 1649. To the READER THe righteous Iudge whose judgement is not onely inevitable but infallible must shortly judge me and all that concurred to bring the capital Delinquent to condign punishment but in the interim I desire to be judged by all understanding men in the world that suffer their judgements to be swayed by Reason and not byassed by private Interest Whether ever any man did so much deserve to dye Cain for the murther of one righteous Abel and David for one Uriah had been men of death had not God pardoned them Those thirty one Kings which Joshua hanged up and Sauls seven Sons which were but at the worst as it seems to me Evil Counsellors were they not innocent nay Saints in comparison of this man Those that crucified Christ did it ignorantly For had they known him they had not crucified the Lord of Glory The Saints under the ten Persecutions suffered by the hands of Heathens the Sicilian Vespers the Parisian Massacre of the Protestants and the Gunpowder-Plot were acted and intended by Papists out of a conceit of Merit But for a Protestant Prince stiled The Defendor of the Faith in a time of light that had sworn to keep the Peace received Tribute to that end and might have had the very hearts of the People if they could have given him them without death the strongest Engagements I say for such a one so long to persecute the faithful destroy and inslave the People by oppressing cruelties And when Machiavel could not do it to levy a War to that wicked end which never any of his Ancestors durst attempt that might at any time with a word of his mouth have stopt all the bleeding veins in the three Kingdoms but would not and for the satisfying of a base lust caused more Protestant blood to be shed then ever was spilt either by Rome Heathen or Antichristian Blessed God what ugly sins lodge in their bosoms that would have had this man to live But Words are but Women Proofs are Men it is Reason that must be the Chariot to carry men to give their concurrence to this ludgement Therefore I shall deliver my thoughts to the courteous Reader as I was prepared for it if Issue had been joyned in the Cause but with some addition for illustration sake desiring excuse for the Preamble because there is some repetition in matter An Appeal to all Rational men that love their God Justice and Countrey more then their Honor Pleasure and Money Concerning the Kings Tryal May it please your Lordship MY Lord President and this High Court erected for the most Comprehensive Impartial and Glorious piece of Justice that ever was Acted and Executed upon the Theatre of England for the Trying and Judging of Charls Stuart whom God in his wrath gave to be a king to this Nation and will I trust in great love for his notorious Prevarications and Blood-guiltiness take him away from us He that hath been the Original of all Injustice and the Principal Author of more mischiefs to the Free-born People of this Nation then the best Arithmetician can well enumerate stands now to give an account of his Stewardship and to receive the good of Justice for all the evil of his Injustice and Cruelty Had he Ten thousand lives they could not all satisfie for the numerous Horid and Barbarous Massacres of Myriades and legions of Innocent persons which by his Commands Commissions and Procurements or at least all the world must needs say which he might have prevented and he that suffers any man to be kill'd when he may save his life without danger of his own is a Murtherer have been cruelly slain and inhumanely murthered in this renowned Albion Anglia hath been made an Aceldama and her yonger sister Ireland a Land of Ire and Misery and yet this hard-hearted man as he went out of the Court down the stairs Jan. 22. said as some of his Gnard told me and others That he was not troubled for any of the blood that hath been shed but for the blood of one man peradventure he meant Strafford He was no more affected with a List that was brought in to Oxford of Five or six thousand slain at Edgehill then to read one of Ben Johnsons Tragedies You Gentlemen Royalists that fought for him if ye had lost your lives for his sake you see he would have no more pitied you by his own confession then you do a poor Worm and yet what heart but would cleave if it were a Rock melt if it were Ice break if it were a Flint or dissolve if it were a Diamond to consider that so much precious Protestant blood should be shed in these three kingdoms so many gallant valiant Men of all sorts and conditions to be sacrificed and lose their lives and many of them to dye so desperately in regard of their Eternal conditions and all this meerly and onely for the satisfying and fulfilling of one mans sinful lust and wicked will a good Shepherd is he that lays down his life or ventures it to save the Sheep but for one to be so proudly wedded to his own conceits as so maliciously to oppose his private Opinion against the publique Judgement and Reason of State and to make head against the Parliament who acknowledged him to be head thereof so far as to give him the Honor of the Royal Assent in settling the Militia and Safety of the People I say for a Protestant Prince so beloved at home and feared abroad that in love and by gentle means might have had any thing from the Parliament for him to occasion the shedding of so much blood for a pretended Prerogative as hereafter will appear nothing in effect but to fix and perpetuate an absolute Tyranny I can say no less But O Lucifer from whence art thou faln and what hereticks are they in politicks that would have had such a man to live much more that think his Actions to have merited love and praise from Heaven and Earth But now to diffect the Charge 1. That the kings of England are trusted with a limited power to govern by Law the whole stream and current of Legal Authorities run so limpid and clear that I should but weary those
an Indian say to this case A King hath all power in his hands to do justice There is one accused upon strong presumptions at the least for poisoning that Kings Father The King protects him from justice Whether do you believe that himself had any hand in his Fathers death Had the Duke been accused for the death of a begger he ought not to have protected him from a Judicial Trial. We know that by Law it is no lesse then misprision of Treason to conceal a Treason and to conceal a Murder strongly implies a guilt thereof and makes him a kind of Accessary to the fact He that hath no nature to do justice to his own Father could it ever be expected that he should do justice to others Was he fit to continue a Father to the people who was without natural affection to his own Father Will he love a Kingdome that shewed no love to himself unlesse it was that he durst not suffer Inquisition to be made for it But I leave it as a riddle which at the day of Judgement will be expounded and unridled for some sinnes will not be made manifest till that day with this only That had he made the Law of God his delight and studied therein night and day as God commanded his Kings to do or had he but studied Scripture half so much as Ben Johnson or Shakespear he might have learnt That when Amaziah was setled in the Kingdom he suddenly did justice upon those servants which had killed his father Joash he did not by any pretended prerogative excuse or protect them but delivered them up into the hands of that Justice which the horridnesse of the fact did undoubtedly demerit That Parliament 4. Car. proving so abortive the King sets forth a Proclamation That none should presume to move him to call Parliaments for he knew how to raise monies enough without the help of Parliaments therefore in 12 years refuseth to call any In which interval and intermission how he had oppressed the people by incroachments and usurpations upon their liberties and properties and what vast summes of mony he had forceably exacted and exhausted by illegal Patents and Monopolies of all sorts I referre the Reader to that most judicious and full Declaration of the state of the Kingdeme published in the beginning of this Parliament That Judgment of Ship-mony did upon the matter formalize the people absolute slaves and him an absolute Tyrant for if the King may take from the people in case of necessity and himself shall be Judge of that necessity then cannot any man say that he is worth 6d for if the King say that he hath need of that 6d then by Law he must have it I mean that great Nimrod that would have made all England a Forrest and the People which the Bishop call his sheep to be his Venison to be hunted at his pleasure Nor does the common objection That the Judges and evil Counsellors and not the King ought to be responsible for such male-Administrations injustice and oppression beare the weight of a feather in the ballance of right reason For 1. Who made such wicked and corrupt Judges were they not his own Creatures and ought not every man to be accountable for the works of his own hands He that does not hinder the doing of evil if it lies in his power to prevent it is guilty of it as a commander thereof He that suffered those black Starres to inflict such barbarous cruelties and unheard of punishments as Brandings Slitting of Noses c. upon honest men to the dishonour of the Protestant Religion and disgrace of the Image of God shining in the face of man He well deserv'd to have been so served But 2. He had the benefit of those illegal Fines and Judgments I agree That if a Judge shall oppresse I. S. for the benefit of I. D. the King ought not to answer for this but the Judge unlesse he protect the Judge against the complaint of I. S. and in that case he makes himself guilty of it But when an unjust judgment is given against I. S. for the Kings benefit and the Fine to come immediately into his Coffers he that receives the mony must needs be presumed to consent to the judgement But 3. Mark a Machiaveipolicy Call no Parliaments to question the injustice and corruption of Judges for the Peoples relief And make your own Iudges and let that be Law that they declare whether it be reasonable or unreasonable it is no matter But then how came it to passe that we had any more Parliaments Had we not a gracious King to call a Parliament when there was so much need of it and to passe so many gracious Acts to put downe the Starre-Chamber c Nothing lesse It was not any voluntary free Act of grace not the least ingredient or tincture of love or goodaffection to the people that called the short Parliament in 16 but to serve his owne turne against the Scots whom he then had designed to enslave and those seven Acts of grace which the King past were no more then his duty to do nor halfe so much but giving the people a take of their own grists and he dissents with them about the Militia which commanded all the rest he never intended thereby any more good and security to the people then he that stealing the Goose leaves the feathers behinde him But to answer the question thus it was The king being wholly given up to be led by the counsels of a Jesuited Party who indeavoured to throw a bone of dissention among us that they might cast in their net into our troubled waters and catch more fish for St. Peters Sea perswaded the King to set up a new forme of Prayer in Scotland and laid the bait so cunningly that whether they saw it or not they were undone if they saw the mystery of iniquity couched in it they would resist and so merit punishment for rebelling if they swallowed it it would make way for worse well they saw the poison and refused to taste it the King makes warre and many that loved honour and wealth more then God assisted him down he went with an Army but his treasure wasted in a short time fight they would not for feare of an after-reckoning some Commanders propound that they should make their demands and the King grants all comes back to London and burnes the Pacification saying it was counterfeit they reassume their forts he raises a second warre against them and was necessitated to call a Parliament offering to lay down shipmoney for twelve subsidies they refuse the King in high displeasure breakes off the Parliament and in a Declaration commands them not to thinke of any more Parliaments for he would never call another There was a King of Egypt that cruelly opprest the People they poore slaves complaining to one another he feared a rising and commanded that none should complaine upon paine of cruell death