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

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hee went out of the field sent Sir William Le-neve Clarenci●ux King of Armes to Warwick whither the Earle of Essex was fled with a Proclamation of pardon to all that would lay downe armes which though they scornefully received and the Herald threatned to bee hanged if hee did not depart the sooner cannot perswade him from sending a Declaration or Message to the Parliament to offer them all that could bee requested by Subj●cts but all the use they made of it was to make the Citty of London beleeve they were in greater danger then ever if they lent them not more moneyes and recruited the Earle of Essex his broken Army and to cosen and put the People on the more to seeke their owne misery a day of thanks giving was publiquely kept for the great Victory obtained against the K●ng And Stephen Marshall a Factious bloody minister though hee confessed hee was so carried on in the crowde of those that fled from the battell as hee knew not where hee was till hee came to a Mar●et Towne which was some miles from Edge-hill where the Battell was fought preaches to the people too little beleeving the Word of God and too much beleeving him That to his knowledge there was not above 200. men lost on the Parliaments side that hee picked up bullets in his black Velvet cap and that a very small supply would now serve to reduce the King and bring him to his Parliament And here yee may see Janus Temple wide open though the doores of it were not lift off the hinges or broken open at once but pickt open by those either knew not the misery of the War or knowing it will prove to be the more guilty promoters of it That we may the better therfore find out though the matter of Fact already represented may bee evidence enough of it selfe who it was that let cut the fury and rage of Warre upon us we shall consider CHAP. III. Whether a Prince or other Magistrate labouring to suppresse or punish a Rebellion of the People bee tyed to those rules are necessary for the justifying of a Warre if it were made betweene equalls VVArre was first brought in by necessitie where the determining of controversies betweene two strange Princes of Equ●l● power could not bee had b●cause they have no superiour A Rebell therefore cannot properly bee called an enemy for Hostis nomen notat equalitatem and when any such armes are borne against Rebells it is not to bee called a Warre but an Exercise of Jurisdiction upon traterous and dis-loyall Persons at què est ratio manifesta saith Albericus Gentilis qui enim jure judex est superior non jure cogitur ad subeundas partes partis aequalis non est bellum cum latronibus praedonibus aut piratis quanquam magn●● habeant excercitus provide nec ulla cum illis belli jura saith Besoldus The Romans who were so exact and curious in their publique denouncing of Warre and sending Ambassadors before they made Warre against any other Nation did not doe it in cases of Rebellion and defection and therefore Fidenatibus Campanis non denunciant Romani And Cicero that was of opinion that nullum bellum justum haberi videtur nisi nunciatum nisi indictum nisi repetitis rebus stood not upon those solemnities in the Cataline conspiracy for the rules of justifying a Warre against an enemy or equalls as demanding restitution denunciation and the like are not requisite in that of punishing of Rebells Pompey justifies the Warre maintayned by the Senate against Caesar not then their Soveraigne with neque enim vocari praelia justa decet c. Cicero did not think it convenient to send Ambassadors to Anthony nor intreat him by faire words but that it was meet to enforce him by armes to raise his siege from Mutina for hee said They had not to doe with Haniball an enemy to the Common-wealth but with a Rebellious Citizen The resisting of the Kings Authourity when the Sheriffe of a County goes with the posse Comitatus to execute it was never yet so much as called a Warre but Rebellion and Insurrection or Commotion were the best termes bestowed upon it such attempts are not called Warres but Robberies of which the Law taketh no other care of but to punish them The haste that all our Kings and Princes in England have made in suppressing Rebellions as that of the Barons Warres by Henry the 3. and his sending his sonne the Prince to besiege Warren Earle of Surrey in his Castle of Rygate for affronting the Kings Justices saying That hee would hold his Lands by the Sword That which Ri. 2. made to suppresse Wat. Tiler H. 6. Jack Cade H. 8. Ket and the Norfolk Rebells and Queene Eliz. to suppresse the Earles of Northnmberland and Westmerland may tell us that they understood it no otherwise then all the Kings and Magistrates of the World have ever practised it by the Lawes of England if Englishmen that are Traytors goe into France and confederate with Aliens or Frenchmen and come afterwards and make a Warre in England and bee taken prisoners the strangers may bee ransomed but not the English for they were the Kings Subjects and are to be reckoned as Traytors not strangers And the Parliaments owne advise to the King to suppresse the Irish Rebells that ploughed but with their owne Heyfer and pretended as they did to defend their Religion Lawes and Liberties and the opinion also of Mr. President Bradshaw as Sir John Owen called him in his late sentence given against the Earles of Cambridge Holland and Norwich Lord Capell and Sir John Owen whom hee mistakenly God and the Law knowes would make to bee the Subjects of their worser fellow Subjects may be enough to turne the question out of doores But lest all this should not bee thought sufficient to satisfie those can like nothing but what there is Scripture for wee shall a little turne over the leaves of that sacred Volume and see what is to bee found concerning this matter Moses who was the meekest Magistrate in the World and better acquainted with him that made the fifth Commandement then these that now pretend Revelations against it thought fit to suppresse the Rebellion of Corah Dathan and Abiram as soone as hee could and for no greater offence then a desire to bee coordinate with him procured them to be buried alive with all that appertained unto them When Absolom had Rebelled against his father David and it was told him That the hearts of the men of Israel were after him David a man after Gods owne heart without any Message of Peace or Declaration sent unto his deare sonne Absolom or offering halfe or any parte of his Kingdome to him sent three severall armies to pursue and give him battaile When Sheba the sonne of Bichri blew a Trumpet and said Wee have no part in David every man to his Tent ô Israel
maintaine an Army against Him and many of his Subjects daily imprisoned sequestred undone or killed can bee blamed if hee had a great deale sooner gone about to defend both himselfe and his People For who saith St. Jerom did ever rest quietly sleeping neer a viper et lex una perpetua salutem omni ratione defendere haec ratio doctis necessitas Barbaris mos gen●ibus feris natura ipsa prescripsit et haec non scripta sed nata lex saith Tully that great master of morality Reason Necessity Custome and Nature it selfe have made selfe preservation to bee warrantable Nemo exponere so debet periculis obviam offensiom eundum non modo quae est in actu sed quae est in potentia ad actum justus metus justum facit belium say the Civill Lawes and where there was not unda cogitatio or a bare intention only to ruine the King but so much over and over againe acted as might well occasion more then a feare and apprehension in him of what hath since beene brought to passe against him no man certainly without much blindnesse or partiality can think it to bee a fault in him to seeke to defend himselfe when the Parliament did not only long before hee raised any forces to defend himselfe but at the same time when hee was doing of it make the people beleeve his Person was in so much danger as they must needs take up armes to defend Him And how much more warrantable then must it bee in the Kings case when it was not only an endeavour to defend himselfe but all those that have beene since slaine and undone and ruined for want of power enough to doe it Defence is by the civill Lawyers said to bee either necessary profitable or honest Nec distingui vult Baldus sive se sua suosve defendar sive prope sive posita longé a man is said to defend himselfe when it is but his owne goods estate or People whether neere or furtherof Necessaria defensio ejus est et factum ad necessariam defensionem contra quem veniat armatus inimicus et ejus contra quem inimicus se paravit It must needs bee a necessary defence against whom an armed Enemy is either marching or preparing Vtilis defensio quum nos movemus bellum verentes ne ipsi bello petamur when wee make a Warre to prevent or bee before hand when Warre or mischiefe is threatned or likely to come upon us For as Nicephorus the Historian saith Hee that will live out of danger must occurrere malis impendentibus et autevertere ●ec est cunctandum aut expectandum c. meete and take away growing evills and turne them another way and not to delay and bee ●●ock in it Honesta defensio quae citra metum●ullum periculi nostri nulla utilitate quaesita tantum in gratiam aliorum suscipitur When for no feare of danger to our selves and for no consideration of profit to our selves but meerely in favour or help of others the Warre is undertaken Wherefore certainly when the King may bee justly said to tar●y too long before hee made the second and third kindes of defences either to prevent the danger and fury of a Warre against himselfe or to help those that suffered and were undone in seeking to defend him and was so over much in love with Peace as hee utterly lost it and could never again recover it and was so much mistaken in the love and religion of his Subjects and Parliament promises and the impossibilities of such horrid proceedings against him as all his three Kingdomes were in a flame of Warre and strong Combinations made by two of them and the Pulpits every where flaming Seditious exhortations against Him his Navy Magazines Ports Revenues Mint strongest Townes and places seised on Armies marching against him and hee only and a few friends and followers pend up in a corner had an enemy and a strong Towne at his back readie every day to surprize him and severall Armies marching and in action before and round about him before hee granted out any Commission for Warre or liad or could make any preparation for it and had so many to help and defend besides himself It would be too much injury and too great a violence to all manner of reason and understanding to deny him a Justification upon the first sort of defences if the two latter will not reach it for the first cannot by any interpretation goe without For haec est necessitas saith Baldus quae bellum justificat quum in extremo loco ad bellum configitur Or if with Grotius wee looke upon it another way and make the Justice of Warre to consist 1o in defensione 2o in recuperatione rerum 3o in punitione The King before ever hee went to demand Hull or before ever he desired a guard of the County of Yorke had cause enough and enough to doe it and it would be hard if a great deale lesse then that should not bee able to deliver him from the censure or blame of an offensive or unnecessary Warre When that which was made by David upon the Children of Ammon and that of the late glorious King of Sweden against the Emperour of Germany the former for misusing the latter for encroaching upon him and not receiving his Ambassadors found warrant and necessity enough to doe it But what could the King doe more in his endeavours and waiting for a Peace or lesse in his preparations or making of a War when the least or one of the hundred provocations or causes wee dare say plainly here set downe in the matter of fact hath hitherto among the wisest Princes and Common-wealths in the World beene reputed a just and warrantable cause of warre Homicide by the Lawes of England shall bee excused with a se defendendo when the assaulted hath but simply defended himselfe or retired in his owne defence so farre till by some Water or Wall hee bee hindred from going any further Death and destruction marching towards the King Hull fortified kept behind him and all manner of necessities compassing him in on every side could then doe no lesse then rouse him up to make his owne defence and hee must bee as much without his sences as care of his owne preservation if hee should not then think it to bee high time to make reaedy to defend himselfe and necessity enough to excuse him for any thing should bee done in order to it The Parliament and hee as this case stood could not bee both at one and the same time in the defensive parte For they had all the Money Armes Ammunition and strength of the Kingdome in their hands and multitudes of deluded People to assist them and so hunted and pursued him from place to place as it was come to be a saying and a by word among the apprentices and new levied men at London they would goe a King-catching
were not likely therfore to be guilty of so much patience as the king who was so much in love with peace so thirsted after it as that and his often sending Messages and Propositions for it would not suffer him to make use of any victories or advantages God had given him Twice did hee suffer the Earle of Essex to attempt to force him from Oxford and Sir Thomas Fairfax once to beleager him when hee had power enough to have made London or the associate Counties the feat of the War and it would bee something strange that hee who when hee had raised forces against his Scottish Rebells and found himselfe in the head of so gallant an Army as hee had much adoe to keepe them from fighting and his enemies so ridiculously weake as hee might have subdued them but with looking upon them but a fortnight ●onger could not bee perswaded to draw a Sword against them would ●ow begin an offensive warre without any power or strength at all against those that had before hand ingrossed it Or what policy or wisdome could it bee in him to begin a Warre without Money or Men or Armes to goe through with it Or to refuse the assistance of his Catholique Subjects and Farraigne friends and forces or to spend so much time in Messages and offers of Peace to give them time and abilitie to disarme him and Arme themselves If hee had not utterly abhorred a Warre and as cordially affected peace as hee offered faire enough for it Or if wee could but tell how to say that the King did begin the Warre when what he did was but to preserve his Regality and the Militia and protection of his People which the Parliament in expres terms as well as by Petitioning for it acknowledged to be his owne being but that which every private man that had but money or friends would not neglect to do Did hee any more in seeking to preserve his Regalitie then to defend and keepe himself from a breach of trust they fought to make him break Or did hee any more then seek to defend himself against those did all they could to force him to breake it Or could there bee a greater perjury or breach of trust in the Kingly office then to put the Sword which God had given him into the hands of madmen or fooles or such as would kill and ●●ay and undo● their fellow Subjects with it or to deliver up the protection of his People into the hands of a few of their ambitious fellow Subjects did as much breake their owne trust to those they represented in asking of it as the King would have done if hee had granted it Or why shall it not bee accounted an inculpata tutela in the King to preserve and defend that by a Warre the Lawes of God and Man his Coronation-Oath Honour and Conscience and a dutie to himselfe and his Posterity as well as to his People would not permit him to stand still and suffer to bee taken away from him But if the King by any manner of construction could be blamed or censured for denying to grant the Militia which was the first pretence of begining of the war by those that sought to take it from him for till the besieging of Hull the 16. of July 1642. after many other affronts and attempts of as high a nature put upon him the most malicious interpretation of the matter of Fact cannot find him so much at all to have defended himselfe as to have done any one act of Warre or so much as like it who shall bee in the fault for all that was done after when hee offered to condiscend to all that might bee profitable for his People in the matter of Religion Lawes and Liberties Or was it not a just cause of War to defend himselfe and his People against those would notwithstanding all he could doe and offer make a Warre against him because hee would not contrary to his Oath Magna Charta and so many other Lawes hee had sworn to observe betray or deliver up his people into their hands to bee governed or rather undone by a greater latitude of Arbitrary power then the great Turk or Crim Tartar ever exercised upon their enslaved People and put the education and marriage of his owne Children out of his Power was never sought to bee taken out of the hand of any father was not a foole or a madman nor yeilded to by any would have the Credit to bee accounted otherwise or because he would not denude himselfe of the power of conferring honours or vilifie or discredit his great and lesser Scales and the Authority of them from which many mens Estates and Honours and the whol current of the Justice of the Kingdom had their Originall and refused to perjure himselfe by abolishing Episcopacy which Magna Charta and some dozens of other Lawes bound him to preserve Or if that bee not enough to justyfie him in his owne defence had hee not cause enough to deny and they little enough to aske Libertie of Conscience and practise to Anabaptists Blasphemers of God deniers of the Trinity Scriptures and Deity of Christ when the Parliament themselves had taken a Covenant to root them out and made as many of the People as they could force to take it with them or had hee not cause enough to deny to set up the Presbyterian authoritie would not only have taken away his owne authoritie but have done the like also with the Lawes and Liberties of the Nation and the ruling part of that they now call the Parliament utterly abhorre or if all that could not make the War be made to bee defensive and Lawfull had hee not cause enough to deny and they none at all to ask that he should by act of Parliament consent to make all those to bee Traitors that tooke his part their Blood and Posterities attainted and their Estates forfeited when as some of the Parliaments owne Members were heard to say when those Propositions were sent unto him That if hee yeilded unto them Hee was the unworthiest man living and not fit to bee a King For certainly if the Lawes of God and man and the understanding of all mankinde bee not changed there was never a juster more defensive unwilling and necessitated Warre then that of the Kings part since man came out of Paradice And if such a Warre should not bee Lawfull after so many provocations and necessities for the defence of himselfe and his People and so many after generations this Warre of the Parliament and the curse of it is like to ruine and leave in slavery under what censure and opinion may that of Abrahams with Chederlaomer the King of Elum and Tidal King of the Nations bee when hee fought with them to rescue his Brother Lot and his goods and was blessed by Melchisedec the Priest of the most high God for doing of it Or if the Warre which the Tribes of Israell made against