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A70797 The royall martyr. Or, King Charles the First no man of blood but a martyr for his people Being a brief account of his actions from the beginnings of the late unhappy warrs, untill he was basely butchered to the odium of religion, and scorn of all nations, before his pallace at White-Hall, Jan. 30. 1648. To which is added, A short history of His Royall Majesty Charles the Second, King of England, Scotland, France, and Ireland, defender of the faith, &c. third monarch of Great Brittain.; King Charles the First, no man of blood: but a martyr for his people. Philipps, Fabian, 1601-1690.; W.H.B. 1660 (1660) Wing P2018A; ESTC R35297 91,223 229

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to which On Sunday the 23. of October 1642. for they thought it better to rob God of his Sabbath than lose an opportunity of murthering their Soveraign the Earl of Essex and Parliament-Army powring in from all quarters of the Kingdom upon him had compassed him in on all sides and before the King could put his men in Battel-Array many of whom being young Country fellows had no better armes than clubs and staves in their hands cut out of the hedges and put his two young Sons the Prince of Wales and the Duke of York in the guard of a Troop of horse at the further end of the field and had finished a short prayer a bullet of the Earl of Essex's Cannon grazed at his heels as he was kneeling at his prayers on the side of a bank for Blague a villain in in the Kings Army having a great pension allowed him for it had given notice in what part of the field the King stood that they might the better know how to shoot at him But God having a greater care of his Anointed than of their Rebellious pretences so ordered the hands of those that fought for the King as the Earl of Essex was so loaden with Victories as he left five of his men for one of Kings dead behind him lost his Baggage and Artillery retired back to Warwick and left the King to bless God in the field where he supped with such victuals as the more loyal and better natur'd neighbours sent him when the worser sort refused to do it and lying there all night sent warrants out the next day to the neighbour Parishes to bury the dead drew off his Ordnance and marched to Banbury and yet he could not forget to pity those were at such paines and hazard the day before to murther Him but before he went out of the field sent Sir William Le●neve Clarencieux King of Armes to Warwick whither the Earl of Essex was fled with a Proclamation of pardon to all that would lay down armes which though they scornfully received and the Herald threatned to be hanged if he did not depart the sooner cannot perswade Him from sending a Declaration or Message to the Parliament to offer them all that could be requested by Subjects but all the use they made of it was to make the City of London believe they were in greater danger than ever if they sent them not more moneys and recruited the Earl of Essex his broken Army and to cosen and put the people on the more to seek their own misery a day of Thanksgiving was publiquely kept for the great Victory obtained against the King And Stephen Marshall a Factious bloody Minister though he confessed he was so carried on in the crowd of those that fled from the battel as he knew not where he was till he came to a Market-Town which was some miles from Edge-hill where the Battel was fought preaches to the people too little believing the Word of God and too much believing him that to his knowledge there was not above 200. men lost on the Parliaments side that he 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 ye may see Janus Temple wide open though the doors 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 therefore find out though the matter of Fact already represented may be evidence enough of it self who it was that let out the fury and rage of War upon us we shall consider CHAP. II. Whether a Prince or other Magistrate labouring to suppress or punish a Rebellion of the People be tied to those rules are necessary for the justifying of a War if it were made between equals WAr was first brought in by necessity where the determining of controversies between two strange Princes of equal Power could not be had because they have no superiour A Rebel therefore cannot properly be called an enemy for Hostis nomen notat aequalitatem and when any such Arms are borne against Rebels it is not to be called a War but an Exercise of Jurisdiction upon trayterous and dissoyal Persons atque 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 magnos habeant excercitus proinde nec ulla cum illis belli jura saith Besoldus The Romans who were so exact and curious in their publick denouncing of War and sending Ambassadors before they made War against any other Nation did not do 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 War against an enemy or equals as demanding restitution denunciation and the like are not requisite in that of punishing Rebels Pompey justifies tbe War maintained by the Senate against Caesar not then their Soveraign with neque enim vocari praelia justa decent c. Cicero did not think it convenient to send Ambassadors to Anthony nor intreat him by faire words but that it was meet to inforce him by arms to raise his siege from Mutina for he said They had not to do with Hambal an enemy to the Commonwealth but with a rebellious Citizen The resisting of the Kings Authority when the Sheriff of a County goes with the posse Comitatus to execute it was never yet so much as called a War but Rebellion and Insurrection or Commotion were the best terms bestowed upon it such attempts are not called Wars 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 Wars by Henry the 3. and his sending his Sonne the Prince to besiege Warren Earl of Surrey in his Castle of Rygate for affronting the Kings Justices saying That he would hold his Lands by the Sword That which Rich. 2. made to suppress Wat. Tiler H. 6. Jack Cade H. 8. Ket and the Norfolk Rebels and Queen Elizabeth to suppress the Earls of Northumber-land and Westmerland may tell us that they understood it no otherwise than all the Kings and Magistrates of the world have ever practised it by the Laws of England if Englishmen that are Traytors go into France and confederate with Altens or Frenchmen and come afterwards and make a War in England and be taken prisoners the strangers may be ransomed
of horses And within two dayes after the Lord Keeper Duke of Richmond Marquiss Hartford Earl of Salisbury Lord Gray of Ruthen with 17 Earls and 14 Barons the Lord Chief Justice Bancks and sundry others of eminent quality and reputation attest His Majesties Declaration and profession that He had no intention to make a War but abhorred it and That they perceived no Councels or preparations tending to any such designe and sent it with His Majesties Declaration to the Parliament In the mean time the Committee of Parliament appointed to make the propositions to the City of of London for the raising of Horse viz. 15. June 1642. Made report to the House of Commons That the Citizens did very cheerfully accept the same there being for indeed there had been some design and resolulution a year before concerning the melting of plate to raise monies already great store of plate and monies brought into Guild-Hall for that purpose and an Ordinance of Parlament was made for the Earl of Warwick to be Lord Admirall and keep the Navy though the King had commanded him on pain of treason to deliver up the Ships to him And the Lord Brook sent down into Warwick-Shire to settle the Militia 17. June 1642. Committee of both Houses was appointed to go to the City of London to enquire what store of Horse Monies and Plate were already raised upon the Propositions 18. June 1642. The King by his Proclamation Disclaiming any intention to make War against his Parlament forbiddeth all levies of Forces without his Majesties express pleasure signified under his Great Seal And 20. June 1642. Informing all his Subjects by his Proclamation of the Lawfulness of his Commissions of Aray That besides many other Warrants and Authorities of the Law Judge Hutton and Judge Crooke in their Arguments against the Ship-money agreed them to be Lawfull and the Earle of Essex himself had in the beginning of this Parlament 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 legall way left under a pretence of danger and want of Authority from his Majesty to put them into a Military posture they should he drawn and engaged in any opposition against him or his just Authority But 21. June 1642. The Lords and Commons in Parlament Declaring The designe 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 Majestie and his preparations at first coloured under the pretence of a guard being not so great a guard as they themselvs had constantly for 6 months before did evidently appear to be intended for some great and extraordinary designe so as at this time also they do not charge the King with any manner of action of War or any thing done in a way or course of war against them and gave just caufe of fear and jealousie to the Parlament being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make 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 Warr against the Parlament 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 manner of provision of War to defend himself when their Army or Sir John Hotham should come to assault him Powder and Armes were every whera 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 of June 1642. That the Horses which should be sant in for the service os the Parlament 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 Manuall commanded all the Judges of England in their Circuits to use all means to suppress Popery Riots and unlawfull 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 shall have cause to thank him for his Justice and favour But the same day a Declaration was published by both Houses of Parlament commanding that no Sheriff Mayor Bayliff Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many days 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 the houses of Parlament or the proceedings thereof and Order that in case any force should be brought out of one County into another to disturb the peace thereof they should be suppressed by the Train Bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Town of Hull whilst the King is at York 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 which the Parlament allows of and promise satisfaction to the owners 5. July 1642. They order a subscription of Plate and Horse to be made in every County 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 bear 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-Lievtenants of the severall 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 Country be imployed by direction of the Parlament and the Lord Brook is furnished with 6. pieces of
doe any thing might help himself either to purchase his own quiet or so great a Liberty and would neither for any good might come to himself or any evil might be cast upon him and his Posterity be perswaded or threatned from the protection of his people who if he had not taken more care for them then they did for themselves must if he had yielded to all the Parliament-propositions for then they might have imagined mischief by a Law have from time to time been engaged in any Warre their Task-masters had a mind to put them upon must have been excised plundred sequestred ruined and undone sworn and forsworn constrained to swear to doe a thing to day and the next day swear not all to doe it The son set to kill his Father and brothers forced to fight one against another and have all their Holy-dayes turned to Thanksgiving-dayes that they are undone or Fasting-dayes that they may be undone soon enough And if at any time that thing they call a Parliament should think it fit to make a Directory to the Alchoran and to order every man to turn Turk and the King as their Henry Scobel or Town-Clerk but subscribe it their Spiritual as well as their Temporal Estate and their Soules as well as their Bodies must be voted and forced to it And now let the people that have tasted too much of such a kind of happinesse and are like to continue in it as long as their misery-makers can by any help of the Devil or his Angels hold them to it consider whether they or their fore-fathers though some have thought themselves to have wit enough to adventure to call them fooles were the wiser whether they that setled the Government and were contented with it or they that pulled it in pieces and whether the tearing up of the fundamental Lawes of Monarchy Peerage Parliament and Magna Charta even since this day the King was murthered for defending of them which every one but themselves desired to uphold be not enough besides the Scottish combination and the plots to ruine Monarchy and the King and his Posterity before the five Members and Kimbolton had so for engaged themselves in it to inform them if nothing else had been demonstrated unto them That the King did all he could to preserve the Lawes Religion and Liberties of the people which divers pieces of his coin will help to perpetuate the truth as well as the memory of and the Parliament all they could to destroy them And that as he actually endeavoured to defend them so have they as actually undone and destroyed them And let the greatest search of History can be made or time it self be Judge if ever any war was more made in the defensive or upon juster grounds or greater necessities or if ever any King before fought for the Liberties of those he was to govern and for Lawes to restrain himself withal or if it were possible for him to suffer so much in any mans opinion as to have it thought to be unlawful or that he was a murtherer of his people for seeking to Protect them How shall any King or Magistrate be able to bear or use the Sword when they themselves shall be in continual danger to be beaten with it King Edward the second of England was not murthered for the blood that was shed in the Barons Wars though some of them had drawn their swords but in performance of his fathers will to take away his favourite Gavestion from him King Rich. 2. in those many devised Articles charged against him was not deposed for the blood was shed in Wat Tilers Commotion nor Hen. 6. publickly accused for that of Jack Cades Rebellion and the most bloody differences of the White and Red-Roses nor Queen Elizabeth for all that was spilt in reducing Ireland when her favourite the Earl of Essex made it to be the more by his practises with Tyrone nor for the blood of Hacket who pretended to be Christ nor of Penry and other Sectaries lesser Incendiaries than Burton Prynne and Bastwick for disturbing the Common-wealth the great Henry of France was not endeavoured by his Catholick Subjects to be brought to trial for shedding so much of their blood to reduce them to his obedience nor by his Protestant Subjects after he was turned Catholick for spending so much of their blood to another purpose than they intended it Nor have the stout-hearted Germans though many of them great and almost free Princes in their late Peace and Accord made betwixt the Swedes and the Emperour thought it any way reasonable or necessary to demand reparation for those millions of men women and children houses and estates were ruined and spoiled by a thirty years War to reduce the Bohemians and Prince Elector Palatine to their obedience For what rules or bounds shall be put to every mans particular fancy or corrupted interest if they shall be at Liberty to question and call to account the authority God hath placed over them Shall the son condemn or punish the Father for his own disobedience the Wife her Husband for her own act of Adultery or the Servant the Master for his own unfaithfulnesse or can there be any thing in the Reason or understanding of man to perswade him to think the King was justly accused for the shedding of his blood which the accusers themselves were only guilty of And Bradshaw himself like the Jewes high Priest confessing a truth against his will in the word he gave instead of reason for murthering the King against the will and good liking of nine parts in every ten of the Commons of England could make his Masters that call themselves the Parliament of England to be no better then the Tribum plebis of Rome and the Ephori of Sparta the former of which for manifold mischiefes and inconveniences were abrogated and laid aside and never more thought fit to be used and the latter not being half so bad as our new state Gipsies killed and made away to restore the People again to their Liberties But the opinion and Judgement of the Learned Lord Chief Justice Popham who then little thought his grand-child Colonell Popham should joyn with those that sate with their Hats on their Heads and directed the murther of their Soveraign and if he were now living would sure enough have hanged him for it and those other learned Judges in the case and Tryall of the Earl of Essex in the Raign of Queen Elizabeth That an intent to hurt the Soveraign Prince as well as the act of it was Treason And that the Laws of England do interpret every act of Rebellion or Treason to aim at the death or deposing of the Prince For that Rebells by their good will never suffer that King or Prince to live or Raign that understands their purposes and may revenge them agreeable to that of the Civil Law That they that go about to give Law to their Prince will never suffer him to recover
but not the English for they were the Kings Subjects and are to be reckoned as Traytors not strangers And the Parliaments own advice to the King to suppress the Irish Rebels that ploughed but with their own Heyfer and pretended as they did to defend their Religion Laws and Liberties and the opinion also of Mr. President Bradshaw as Sir John Owen called him in his late sentence given against the Earls of Cambridge Holland and Norwich Lord Capel and Sir John Owen whom he mistakenly God and the Law knows would make to be the Subjects of their worfer fellow-Subjects may be enough to turn the question out of doors But lest all this should not be thought sufficient to satisfie those can like nothing but what there is Scripture for we shall a little turn over the leaves of that sacred Volume and see what is to be found concerning this matter Moses who was the meekest Magistrate in the world and better acquainted with him that made the fifth Commandement than these that now pretend Revelations against it thought fit to suppress the rebellion of Corah Dathan and Abiram as soone as he could and for no greater offence than a desire to be 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 own heart without any message of peace or Declaration sent unto his dear son Absolom or offering half or any part of his Kingdome to him sent three several Armies to pursue and give him battell When Sheba the sonne of Bichri blew a Trumpet and said We have no part in David every man to his tent O Israel and thereupon every man of Israel followed after him and forsook their King David who knew that Moses would not make a War upon the Amorites though he had Gods commandement for it without offers of peace and messengers sent first unto them said to Amasa Assemble me the men of Judah within three daies and when he tarried longer said unto him Take thou thy Lords Servants and pursue after him lest he get him fenced Cities and escape us For they that would take heed of Cocatrices have ever used to kill them in the shell And diligenti cuique Imperatori ac magistrains danda est opera saith Bodin ut non tam seditiones tollere quam praeoccupare student For sedition saith he once kindled like a span of fire blown by popular fury may sooner fire a whole City than be extinguished Et tales igitur pestes opprimere derepenté necess● est Princes and Soveraigns who are bound to protect and defend their Subjects are not to stand still and suffer one to oppress another and themselves to be undone by it afterwards But put the case the Parliament could have been called a Parliament when they had driven away the King which is the Head and Life of it or could have been said to have been two Houses of Parliament when there was not at that time above a third part of the House of Peers nor the half of the House of Commons remaining in them and what those few did in their abfence was either forced by a Faction of their own or a party of seditious Londoners for indeed the Warre rightly considered was not betwixt the Parliament and the King but a War made by a factious and seditious part of the Parliament against the King and the major part of the Parliament and had been as it never was nor could be by the Laws and Constitutions of the Kingdom coordinate and equal with the King and joint-tenan●● of the Kingdom it would have been necessary to make ● War as just as they could and to have done all that had been in order to it and therefore we hope they which pretend so much to the Justice of the Kingdom will not be offended to have the Justice of their Wars somthing examined CHAP. IV. Suppose the Warre to be made with a neighbour-Prince or between equals Whether the King or Parliament were in the defensive or justifyabie part of it PL●rique saith learned Grotius tres statuunt bellorum justas causas defensionem recuperationem punttionem For any defence the Parliament might pretend a necessity of The King neither assaulted them nor used any violence to them when they first of all granted out their Propositions and Commissions of War unIess they can turn their jealousies into a Creed and make the Kings demanding the five Members and Kimbolton being done by warrant of the Law of the Land and the Records and precedents of their own Houses appear to be an assaulting of them Or if any reasonable man knew but how to make that to be an assault or a necessary cause of War for them to revenge it the Kings waving and relinquishing of his charge afterwards against them might have certainly been enough to have taken away the cause of it if there had been any howsoever a War● made onely to revenge a bare demand or request of a thing and was neither so much as forced or a second time demanded of them but totally laid aside and retracted can never be accounted just As for the recovery of things lost or taken away The Parliament it self had nothing taken from them for both they and the people were so far from being loosers at that time by the King as the Remonstrance of the house of Commons made to the people 15. December 1641. of the Kings erroun as they please to call them in the government but indeed the errours rather of his Ministers and themselves also in busying him with brawles and quarrells and denying to give him fitting supplies mentions how much and how many benficeial Laws the King had granted them And so the Parliament and People being no loosers and the King never denying them any thing could in honour o● conscience be granted them That part of the justifying of a War will no way also belong to them But if the punishment for offences and injuries past if they could be so properly called being a third cause of justifying a War could be but imagined to be a cause to justifie the Parliaments war against the King Yet they were to remember another Rule or Law of War Ne nimis veteres causae accersentur That they do not pick quarrels by raking up past grievances that it be not propter leviusculas injurias or for trifles For when the King who if he had been no more then coordinate with them had called them to Councell to to advise him followed their advice in every thing he could find any reason for taken away all grievances made a large provision to prevent them for the future by granting the Trienniall Parliament and so large an amends for every thing they could but tell how to complain of there was so little left to the