which Party doth declare and argue more prudentially the Reasons of their severall undertakings in this Quarrell as which Party the Kings or the Parliaments have writ more sufficiently and substantially concerning the subject of their Proceedings in this Warre whose Writings and Declarations have been more true whose most seditious and false which Party hath in their severall Books been most seriously and truly charged and accused of offending which more genuinely and sincerely have argued let the Reader judge So because there may not want Fuell for Contention 't is debated concerning the actions of Violence and Terrour to the People on either part the Kings and the Parliaments which did act with more Cruelty by putting all sorts of People to the Sword spoyling consuming with sire laying wast Houses Villages Towns 'T is known that a a County not farre distant scituate in the chiefest part of the Land gives testimony of consuming by b fire against the one in a sad Record As to the Writings on either side where the one hath propounded and objected what the other hath answered for instance sake take three or four here following for the rest First the Letter to the Governour and Councell of War at Bristol that City being then a Garrison for the Parliament from the Lord Lieutenant-Generall of the Kings Forces c requiring the Governour and Councell there to forbear the putting to death the two Citizens threatning withall to retaliate the like judgment and execution upon some Gentlemen of the Parliaments Party kept Prisoners by the Kings with the resolution and Answer of the Governour and Councell to such Message The quality of which Answer is forejudged already and replyed unto in d Print to be an insolent Pamphlet with other words of scorne which Letter and Answer being here set down the Reader may discerne the difference between the weight of either PATRICK Earl of FORTH Lord ETTERICK and Lord Lieutenant-Generall of all his Majesties Forces I Having been informed that lately at a Councell of War you have condemned to death Robert Yeomans late Sheriffe of Bristol who hath his Majesties Commission for raising a Regiment for his service William Yeomans his Brother George Bourchier and Edward Dacres all for expresing their Loyalty to his Majesty and endeavouring his service according to their Allegiance and that you intend to proceed speedily against others in the like manner do therefore signifie to you that I intend speedily to put Master George Master Stephens Captaine Huntley and others taken in Rebelion against his Majesty at Cyrencester into the same condition I do further advise you that if you offer by that unjust judgment to execute any of them you have so condemned that those here in Custody Master George Master Stephens and Captaine Huntley must expect no Favour or Mercy Given under mine hand at Oxford this 16th of May 1643. FORTH To the Commander in chief of the Councell of Warre at Bristoll The Answer of this Letter was as followeth NATHANIEL FIENNES Governour and the Councell of Warre in the City of BRISTOL HAving received a writing from your Lordship wherein it is declared that upon information of our late proceedings against Robert Yeomans William Yeomans and others you intend to put Master George Master Stephens Captaine Huntley and others into the same condition we are well assured that neither your Lordship or any other mortall man can put them into the same condition for whâ—ther they live or dye they will alwayes be accounted true and honest men faithfull to their King and Country and such as in a faire and open way have alwayes prosecuted that cause which in their judgment guided by the judgement of the highest Court they held the justest whereas the Conspirators of this City must both in life and death carry perpetually with them the Brand of Treachery and Conspiracy and if Robert Yeomans had made use of his commission in an open way he should be put in no worse condition then others in the like kind had been but the law of Nature amongst all men and the Law of arms among Souldiers make a difference between open Enemies and secret Spyes and Conspirators And if you shall not make the like distinction we do signifie unto you that we will not only proceed to the execution of the persons already condemned but also of divers others of the Conspirators unto whom we had some thoughts of extending mercy And doe further advise you that if by any inhumane and un-souldier-like sentence you shall proceed to the execution of the persons by you named or any other of our freinds in your custody that have been taken in a faire and open way of Warre then Sir Walter Pye Sir William Crofts and Colonell Connesby with divers others taken in open Rebelion and actuall Warre against the King and Kingdom whom we have here in custody must expect no Favour or Mercy And by Gods blessing upon our most just Cause we have powers enough for our friends security without taking in any that have gotten out of our reach and power and although divers of yours of no mean quality and condition have been released by us Given under our hand the 18th of May 1643. Nathaniel Fiennes President Clement Walker c. To Patrick Earl of Forth Lord Lieutenant-Generall Secondly e That from the Marquesse of Argyle and Sir William Armine Commissioners from both Kingdomes of England and Scotland fully and in few words delivering their Intentions and Reasons for the Summons sent to the Governour of Carlislâ—a Garrison for the King with his Answer to them full of words pregnancy of wit and iealousie reiecting their Summons and some of his Party derogating elsewhere from the worth of f one of the Commissioners A g third of no great length the Reader hath it in the very words sent from both Houses of Parliament to the King with his Parties descant and scornfull Comment on the same The Message sent from both Houses of Parliament to the King VVE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the contents of a Letter from the Earle of Forth unto the Lord Generall the Earl of Essex we conceive was intended to our selves Have resolved with the concurrent advice aâ—d consent of the Commissioners of the Kingdom of Scotland to represent to your Majesty in all humility and pâ—aiâ—nessâ— as followeth That as we have used all means for a just and safe Peace so will we never be wanting to dâ—e our utmost for the procuring thereof But when we consider the expressions in that Letter of your Majesties we have more sad and despairing thoughts of attaining the same then ever because thereby those persons now assembled at Oxâ—ord who contrary to their duty have deserâ—ed your Parliament are put
of their Right to the Crown as Hen. 6. the lawfulness whereof not at any time questioned and when the Tytle to the Crown hath been disputed it was by Authority of that Court setled and the Crown entailed as they in Pollâ—y and prudence thought sit Speeds Chronic. in the life of Hen. 6. Edward 4 5. k See the Scots Remonstrance Printed 1640 cited by Master Thomas May in his History of the Parliament of England written 1647. l Cited and complained of by the King in the same Dâ—clararation against His Scotish Subjects for inviting forrein forces into this Kingdome page 55 56. See the Letter it self in the same Declaration signed by seven of the principall of the Nobility of Scotland m The Lord London See his Answer n See in the Kings name the Authors accompt of them how in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} he keeps in memory That the Scots weâ—e the first that began the Kings troubles in the Treatise of his leaving Oxford and going to the Scots and elsewhere in severall places of that Book Also in the Declaration printed on the Kings behalfe at Oxford 1643. pag. 23. suggesting an intent in them to confound the Government and alter the Laws of England The Marquesse of Montrosse declareth how they began His Troubles viz. by dispersing their Apologeticall Pamphlets as he termes them through Great Britaine before the Troubles began and before their comming with an Army into England See a Book entituled The History of His Majesties affairs under the Conduct of the Marquesse in the years 1644 1645 1646. page 3. o Amongst other Motives to his aâ—gâ—r about the Earl of Strafford's death which whether he would have avenged on the Party who condemned him may be guessed at in that an unknown Author in his name severall times repents the injustice of that Act to which he was forced to yeeld complyance for which sin as the Author mentions it the King and his Kingdomes have felt long great and heavy Troubles See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in the Treatise concerning the Earl of Strafford and the Marquesse of Moâ—trosse his Declaration set forth 1649 aggravating the same to incense the King and his party against the Scots expressing in it their disloyall Practices Breach of Duty Covenants calling them Traytors c. p See the Kings gratefull acknowledgement of the Affection and Loyalty of his Irish Subjects in offering to supply him with Preparations c. together with their Persons and Estates even to the uttermost of their ability to reduce his dis-affected Subjects of Scotland to their obedience desiring withal it may be Recorded as an Ordinance of Parliament and to be Printed as a Testimony of their Loyalty to all the world and succeeding Ages In his Declaration since the Pacification pag. 63. Which could not but stir up the Scots to seeke protection and assistance from their fellow subjects and friends wheresoever whom the King calls his dis-affected subjects and how he doth secern them from the rest is hard to judge when as the whole and most considerable part of that Kingdome did by their Pacts and Counsels at their Assemblies hâ—ld withstand and resolve to withstand divers of his Messages obtruding on them such matters as made against the Peace of their Church and Kingdome q In the third Treatise r Mr. Dâ—nz Hollis his speech June 1642. Å¿ See the Message sâ—nt from both Houses of Parliament to the King his parties receiving it mentioned in this Book t See the Declaration of the Lords Commâ—ns assembled at Oxford printed there 1643. u See the Remonstâ—ance sent out of Scotland 1639. w See the same Declaration ibid. x See it cited in the Declaration Printed at Oxford 1643. pag. 13. y Mr. John Heywood on the life of Hen the 4th z Bracton lib. 4. a France b See the Duke of Rohan in his Treatise of the Interests of the Princes and States of Christendome calling England a little world set apart as having nothing to do with other Princes c. c Mercurius Aulicus d Victoria naturâ insolens superba est Cicero e King James his Speech in Parliament 1609 f In Norththamptonshire g Sir Francis Bacon on the life of Hen. the 7th h Nulla tam sancta Lex est quam non oppoâ—ceat si salus populi postâ—let urgeatque necessitâ—s muâ—are Bodin lib. 4. de Repub. i See the Parliaments Remonstrance 1647. k In the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 28. upon the Vote of Non-Addresses l In the Book stiled the present judgment of the Convocation held at Oxford m Calâ—ing Jâ—piter amongst the rest of tâ—e heathen Gods {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} n {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} quasi {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} o Sir Francis Bacon on the life of Hen. the 7th p In the Remonstrance dated Nov. 1648. pag. 6. q See the Declaration of the Lords and Commons in Answer to the Scots Commissioners dated the fourth of March 1647. r See the Breviary of the History of the Parliament of England pag. 112. Å¿ See the Objections and Answers at large in the relation of the passages at the meeting at Vxbridge 1644. Printed then at Oxford t Hen. 2. â— Eliz. u The Law book Casâ—s give the Reason why the bringing counterfeit money into England out of Ireland is but Misprision of Treason although the bringers know and utter it Quiae Hibernia est membrum Angliae Dalâ—on Iustice of Peace in cap. de high Treason w The Lord wâ—aâ—ton z See these Charges mentioned by the two Houses of Parliament against the King in Mâ— May his History lib. 1. cap. 6. pag. 118. a BERK-SHIRE b Twyford O kingham â—arringdon c See Master May his History of the Parliament of England mentioning the Demand and Answer d In the Book of an unknown Author called The State's Martyr e See the Message and Answer f See the History of the Kings affaires in Scotland c. where the Historian speaking of the Marquesses Mâ—nâ—â—osse and Argyle the Generalls of the two opposite Armies in the Kingdome of Scotland he highly exâ—olls Mâ—ntrosse and as much reviles and derogates from Argyle rendring him in many passages of that Booke A 〈◊〉 spirited Soâ—ldâ—er and a Knave when as in other mens judgements he had when he was so depraved otherwise proved himself g See it cited in the Oxford Declaration pag. 1â— h See the Kings Letter March 23. 1644. and the Committees Summons in Aprill following i See the Proclamation in the Kings name set forth 1642 accusing many Gentlemen serving as Knights and Burgesses for their severall and respective Countâ—es to be Trayâ—ors and their Persons to be seized on as Rebells k See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in Treatise 17. on Church-Government l See their Declaration Printed at Oxford March 1643. towards the end of the Book m In a Book styled The
presenâ— judgment of the Corvocation at Oxford dated June 1647. which if weighed with the Arguments in the Letter written by the London Ministers to the Lord Fairfax and his Councell of War dated January 1648. in behalf of the Covenant and the keeping it the Reader will soone discern the odds * Suprema Lex Salus Populi n See the Exhortation to the taking the Covenant for Reformation and Defence of Religion c. * Livy * Isaiah * Ciceâ—o o See the Exhortation of the Assembly of Divines to the taking the Covenant Printed Feb. 1643. p See the Lords and Commons Instructions for taking the Covenant The unanimous judgment of most part of the Kingdome observed by their severall Petiâ—ions at that time presented especially that of the Gentry and Trained Bands of the County of Essex presented to their Lord Lieut. the Earl of Warwick Likewise Sir Benjamine Rudyard his speech in the beginning of this Parliament about Popery countenanced See Master May his History Lib. 2. Chapter 6. Page 15. q See the Ordinance of the Lords and Commons assembled in Parliament with Instructions for taking the Covenant r Mr. Alexander Henderson in his reply to the Kings first Paper Å¿ See the Essex Petition before cited t See their Commissioners judgement and intentions concerning Episcopacy Declaring Prelacy to be the cause of all our broilâ— In their Papers dated 24 Feb. 1640. u See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in severall Treatises viz. Upon the Listing Raising Armieâ— against the King Upon the Covenant and elsewhere w See the 6. Article of the Covenant x See the Articles pag. 16 Demand 4 Granted by the King 1641. viz. That none should be admitted to his Councell or attendance but such as should be approved by both Kingdoms y See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 4 and elsewhere in that Book his parties constant 〈◊〉 towards the City of London and upon all occasions of his partâ—s naming it some of them have termed it a Rebellious City a Magazine of Arms and Ammunition raised against their King reproaching it with scornfull Nick-names as they pleased z See their Declaration Printed at Oxford 1643 pag. 14 15. against the suggested irregular and undue procâ—edings of the Common-Councell the Represenâ—ative of the whole City a See in the Letter of the Ministers their notice taking of the Parliament and Armies conceipt had of the Covenant page 8. b See his Parties opinion of the Covenant and the taking of it in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} pag. 113 114 115. whether and how far it is to be kept how little uniformity in the taking or keeping it and for what purpose in the Authors judgment framed at first how ambiguous and hard to be understood how much mistaking or dissembling in the making it at first or mis-representing by those who like it noâ— that howbeit one part thereof is That they had then no intention to diminish the King's just Power and Greatnesse the Authour in the King's name conceives that it was made and intended against the King as in many places of the Treatise against the Covenant the Kings Party complaineth See also the Kings Declaration since the Paciâ—iâ—aâ—ion against the Scots and the Covenant pag 8 which opinion of his see confirmed in the Marquesse of Montrosse his Declaration set forth 1649 As in a Bâ—ok called the History of the Kings affairs in Scotland before cited pag. 6. * Paâ—auâ— * St. Ierome c See their Acts and Ordinances for raising Contribution-money towards the Warrs throughout all Counties exempting the Universities and other Colledges from such Payments * Oxford d See the like observed in the Consecration of the Bishops of England written by Mr. Mason sometimes Fellow of Merton Colledge in Oxford in his Epâ—stle to the Archbishop of Canterbury e See their Remonstrances since the beginning of this War h See their Remonstrance before cited i See the Declaration of the Lords Commons assembled at Oxford c. printed there 1643. p. 24. 26. 27. k In the Treaâ—ise concerning the Kings retirement from Westminster n Written by Mr. Tho. May 1647. beginning at pag. 6. unto pag. 46. o See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 1. on the Kings calling the Parliament p Mr. May his History q Mr. Hollis his Speech r See the 36 Statute of Edw. â— r See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise to upon their seizing the Kings Magazines Forts Navy and Militia Å¿ Hen. the 7. t In their Apology Printed soon after the â—nglâ—sh Army went toward Scotland y Tantum res 〈◊〉 câ—m qu 〈◊〉 satellâ—ith 〈◊〉 Pontific is 〈◊〉 Iewel in Apolog. Eccles. Anglican z The speedy and effectu-suppressing Errors and Schisms is charged on him b K. Iames his Speech before-mentioned c See the Oxford Declaration pag. 19. d In the treatise concerning the Kings going to the House of Commons to surprise the five Members g Marlborougâ— Decemb. 1642. h See the Oxford Declaration page 26. 27. i See the same Declaration page 11. * 25 Edw. 3 l Sir Edward Cooke his Collections concerning the Authority of the Parliament in the fourth Book of his Institut m Quanquam Principes sunt ex numero {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} tamen natura temporis ratione prius sueâ— int Subditi Princ pes veâ—o nisi qui Tyrannidem usurpârint non naturà ut Patâ—es sed suffragio Subditorum gratia constituti sâ—nt Iâ—de illud Domini apud Daniel 4. 32. Scias quod dominetur Altissimus in regno homin um cui volueâ—it dabiâ— illud Ex quâ— sequitur non Regum causâ Subditos nasci sed Reges commodis SubditoruÌ„ inserviâ—e debere Bucan. Institut Theolog. Tractat. de Magistratu Thomas 1 part 1 samma Theolog. quest 9. Art 3 4. n The Author of the Peoples Plea * Aristotle * Tertullian * Treatise 26. p Master Lambards Eirenarch cap. 2. in his Tract on King Edw. the third his Writ directed to the high Sheriff of Kent for the Proclaming Peace where he speaks first of Uâ—iting Minds then of Restraining Hands as a meanes for the preservation of the publick peace * See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} upon the Covenant * See the Covenant * Pag. 16. Demand 4. q At the defeat given them by Montrosse at Kilsyth eveâ— to the ruining the State of Scotland when the Lord Fairfax the English Generall and other Commanders in chief wrote to the Earle of Leven the Scottish Generall that they accounted the calamities of Scotland to be their own and would willingly adventure their owne blood for the Scots as for the English till the Enemies of the three Kingdoms were fully vanquâ—shed See the Breviary of the History of the Parliament of England r Noli in caducum parietem inclinare Lipsius Politic. * In sapientem non potest cadere Injuria Seneca Å¿ See the exhortation for and touching the taking the Covenant annexed to the Covenant Printed 9 February 1643 t Commonly discoursed in the Diurnalls and Occurrences Printed in Aprill and May 1651. * Psal. 19.