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A34423 King Charls, his case, or, An appeal to all rational men concerning his tryal at the High Court of Justice : 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 ... Cook, John, d. 1660. 1649 (1649) Wing C6025; ESTC R20751 34,094 43

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principles assist him Well We fought in jest and were kept between winning and losing The king must not be too strong lest he revenge himself nor the Parliament too strong for the Commons would rule all till Naseby fight that then the king could keep no more days of Thanksgiving so well as we Then he makes a Cessation in Ireland and many Irish came over to help him English came over with Papists who had scarce wiped their Swords since they had killed their wives and children and had their Estates But thus I argue The Rebels knew that the king had proclaimed them Traytors and forty Copies were Printed and the first clause of an Oath enjoyned by the General Councel of Rebels wrs To bear true Faith and Allegiance to King Charls and by all means to maintain his Royal Prerogative against the Puritans in the Parliament of England Now is any man to weak in his intellectuals as to imagine That if the Rebels had without the kings command or consent murthered so many Protestants and he thereupon had really proclaimed them Rebels That they would after this have taken a new Oath to have maintained his Prerogative No those bloody Devils had more wit then to fight in jest If the king had once in good earnest proclaimed them Rebels they would have burnt their Scabbards and would not have stiled themselves The King and Queens Army as they did And truly that which the king said for himself That he would have adventure d himself to have gone in Person into Ireland to suppress that Rebellion is but a poor Argument to inforce any mans belief That he was not guilty of the Massacre For it makes me rather think That he had some hopes to have returned in the head of 20 or 30000 Rebels to have destroyed this Nation For when the Earl of Leicester was sent by the Parliament to subdue the Rebels Did not the king hinder him from going and were not the cloaths and provisions which were sent by the Parliament for the relief of the poor Protestants there seized upon by his command and his men of War and sold or exchanged for Arms and Ammunition to destroy this Parliament And does not every man know That the Rebels in Ireland gave Letters of Mart for taking the Parliaments Ships but freed the kings as their very good friends And I have often heard it credibly reported that the king should say That nothing more troubled him but that there was not as much Protestant blood running in England and Scotland as in Ireland And when that horrid Rebellion begun to break forth How did the Papists here triumph and boast that they hoped ere long to see London streets run down in blood and yet I do not think that the king was a Papist or that he designed to introduce the Popes Supremacy in Spiritual things into this kingdom But thus it was A Jesuitical party at Court was to prevalent in his Counsels and some mungrel Protestants that less hated the Papists then the Puritans by the Queens Mediation joyned altogether to destroy the Puritans hoping that the Pa pists and the Laodicean Protestant would agree well enough togeth er And lastly if it be said that if the king and the Rebels were never faln out what need had Ormond to make a pacification or peace with them by the kings Commission under the Great Seal of Ireland Truly there hath been so m uch daubing and so little plain dealing that I wonder how there comes to be so many beggars Concerning the betraying of Rochel to the inslaving of the Protestant party in France I confess I heard so much of it and was so shamefully reproached for it in Geneva and by the Protestant Ministers in France that I could believe no less then that the king was guilty of it I have heard fearful exclamations from the French Protestants against the king and the late Duke of Buckingham for the betraying of Rochel And some of the Ministers told me ten years since That God would be revenged of the wicked king of England for betraying Rochel And I have often heard Deodati say concerning Henry the fourth of France That the Papists had his body but the Protestants had his heart and soul but for the king of England The Protestants had his body but the Papists had his heart Not that I think he did believe Transubstantiation God forbid I should wrong the dead but I verily believe That he loved a Papist better then a Puritan The Duke of Roan who was an honest gallant man and the kings God-father would often say That all the blood which was shed in Daulphin would be cast upon the king of Englands score For thus it was The king sent a Letter to the Rochelers by Sir William Breecher to assure ●hem That he would assist them to the uttermost against the French king for the liberty of their Religion conditionally That they would not make any peace without him and Mountague was sent into Savoy and to the Duke of Roan to assure them from the king That 30000 men should be sent out of England to assist them against the French king in three Fleets One to land in the Isle of Ree a second in the River of Bourdeaux and a third in Normandy whereupon the Duke of Roan being General for the Protestanrs not suspecting that the French durst assault him in Daulphin because the king of England was ready to invade him as he had promised drew out his Army upon disadvantage Whereupon the French king imployed all his Army into Daulphin against the Protestants who were forced to retreat and the Duke of Roan to flie to Geneva and the Protestants to accept of peace upon very hard conditions to stand barely at the Kings devotion for their liberties without any cautionary Towns of assurance as formerly they had being such a peace as the Sheep make with the Wolves when the Dogs are dismist And the Protestants have ever since cryed out to this very day It is not the French King that did us wrong for then we could have born it but it was the King of England a profest Protestant that betrayed us And when I have many times intreated Deodati and others to have a good Opinion of the King he would answer me That we are commanded to forgive our enemies but not to forgive our friends There is a French Book printed about two years since called Memoires du Monsieur de Roan where the Kings horrid perfidiousness and deed dissimulation is very clearly unfolded and discovered To instance but in some particulars The King having solemnly ingaged to the Rochelers that he would hazard all the Forces he had in his three Kingdoms rather then they should perish did in order thereunto to gain credulity with them send out eight Ships to Sea commanded by Sir John Pennington to assist the Rochelers as was pretended but nothing less intended for Pennington assisted the French King against the Rochelers which
that know it already and trouble those that need not know the particular cases for it is one of the Fundamentals of Law That the king is not above the Law but the Law above the King I could easily deraign it from 1 Edward 3. to the Jurisdiction of Courts That the king has no more Power or Authority then what by Law is concredited and committed to him but the most famous Authority is Fortescue Chancellor to H. 6. and therefore undoubtedly would not clip his Masters Prerogative who most Judicially takes a difference between a Government wholly Regal and Seignoral as in Turkey Russia France Spain c. and a Government Politique and mixt where the Law keeps the beam even between Soveraignty and Subjection as in England Denmark Swede and Poland the first where the Edict of a Prince makes the Law resembles an impetuous inundation of the waters whereby the Corn and Hay and other Fruits of the Earth are spoiled as when it is Midwinter at Midsummer the latter is like a sweet smooth Stream running by the pleasant Fields and Meadows That by the Law of England the King ought not to impose any thing upon the people or take any thing away from them to the value of a farthing but by common consent in Parliaments or National meetings and that the people of Common-Right and by several Statutes ought to have Parliaments yearly or oftner if need be for the Redress of publique grievances and for the Enacting of good and wholsome Laws and repealing of old Statutes of Omeri which are prejudicial to the Nation And that the king hath not by Law so much power as a Justice of Peace to commit any man to Prison for any offence whatsoever because all such matters were committed to proper Courts and Officers of Justice And if the King by his verbal command send for any person to come before him if the party refused to attend and the messenger endevoring to force him they fell to blows if the messenger killed the party sent for this by the Law is Murther in him but if he killed the messenger this was justifiable in him being in his own defence so as to sue forth a pardon of course these and many other Cases of like nature are so clear well known that I wil not presume to multiply particulars That the king took an Oath at his Coronation to preserve the Peace of the Nation to do Justice to all and to keep and observe the Laws which the people have himself confesses And it was charged upon the late Arch-Bishop that he Emasculated the Oath and left out very material words Which the people shall chuse which certainly he durst not have done without the kings special Command And it seems to me no light presumption that from that very day he had a Design to alter and subvert the Fundamental Laws and to introduce an Arbitrary and Tyrannical Government but though there had been an Oath yet by special Office and duty of his place every King of England is obliged to Act for the peoples good for all power as it is originally in the people he must needs be extream ignorant malicious or a self-destroyer that shall deny it so it is given forth for their preservation nothing for their destruction for a king to rule by lust and not by Law is a creature that was never of Gods making not of Gods approbation but his permission And though such men are said to be Gods on Earth 't is in no other sence then the Devil is called the God of this world It seems that one passage which the king would have offered to the Court which was not permitted him to dispute the Supreme Authority in the Nation and standing mute the Charge being for High Treason it is a conviction in Law was That 1 Sam. 8. is a Copy of the kings Commission by vertue whereof he as a king might rule and govern as he list that he might take the Peoples Sons and appoint them for himself for his Chariots and to be his Horsemen and take their Daughters to be his Confectionaries and take their Fields and Vineyards and Oliveyards even the best of them and thair goodliest yong men and their Asses and give them to his Officers and to his Servants which indeed is a Copy and Patern of an absolute Tyrant and absolute Slaves where the people have no more then the Tyrant will afford them The holy Spirit in that Chapter does not insinuate what a good king ought to do but what a wicked king would presume to do Besides Saul and David had extraordinary callings but all just power is now derived from and conferred by the people yet in the case of Saul it is observable that the people out of pride to be like other Nations desired a king and such a king as the Heathens had which were all Tyrants for they that know any thing in History know that the first four Monarchs were all Tyrants at first til they gained the peoples consent Nimrod the great Hunter was Ninus that built Nineveh the first Tyrant and Conquerer that had no Title so were all kingdoms which are not Elective till the peoples subsequent consent and though it be by descent yet 't is a continuation of a Conquest till the people consent voluntarily submit to a Government they are but Slaves in reason they may free themselves if they can In France the king begins his Raign from the day of his Coronation the Archbishop asks the people if he shall be King the twelve Peers or some that personate them say yes they girt the sword about him then he swares to defend the Lawes And is any thing more naturall then to keepe an Oath And though vertuous Kings have prevailed with the People to make their Crownes Hereditary yet the Coronation shews the shell that the kernell hath been in Samuel was a good Judge and there was nothing could be objected against him therefore God was displeased at their inordinate desire of a King and it seemes to me that the Lord declares his dislike of all such Kings as the heathens were that is Kings with an unlimited power that are not tied to laws for he gave them a King in his wrath therein dealing with them as the wise Physitian with the distempered and impatient Patient who desiring to drink wine tels him the danger of inflammation yet wine he will have and the Physitian considering a little wine will do but little hurt rather then his Patient by fretting should take greater hurt prescribes a little whitewine wherein the Physitian doth not approve his drinking of wine but of two evils chooseth the least The Jewes would have a King for Majestie and Splendor like the Heathens God permits this he approves it not it seems to me that the Lord renounces the very Genus of such Kings as are there mentioned and the old word Conning by Contraction king does not signifie power