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
into an equall condition with it and this Parliament coâ—vâ—ned according to the known and fundamentall Lawes of the Kingdome the continuance whereof is established by a Law consented unto by your Majesty is in effect denied to be a Parliament the scope and intention of that Letter being to make provision how all the Members as it is pretended of both Houses may securely meet in a full and free Convention of Parliament whereof no other conclusion can be made but that this present Parliament is not a full and free Convention of Parliament that to make it a full free Convention of Parliament the presence of those is Necessary who notwithstanding that they have deserted that great Trust and doe levy War against the Parliament are pretended to be Members of the two Houses of Parliament And hereupon we think our selves bound to let your Majesty know that seeing the continuance of this Parliament is setled by a Law which as all other Lawâ—s of your Kingdoms your Majesty hath sworn to maintain as wee are sworn to our All giance to your Majesty those obligations being reciprocall we must in duty and accordingly are resolved with our Lives and Fortunes to defend preserve the Just Rights and full power of this Parliament And doe beseech your Majesty to be assured That your Majesties Royall and hearty concurrence with us herein will be the most effectuall and ready means of procuring a firm and lasting peace in all your Majesties Dominions and of begetting a perfect understanding between your Majesty and your People withâ—ut which your Majesties most earnest Professions and our reall Intentions concernign the same must necessarily be frustrated And in case your Majesties three Kingdomes should by reason thereof remain in this sad and bleeding condition tending by the continuance of this unnaturall Warre to their Ruine your Majesty cannot be the least nor last sufferer God in his goodnesse incline your Royall breast out of pitty and compassion to thâ—se deep sufferings of your Innocent People to put a speedy and happy issue to these desperate Evills by the joint advice of both your Kingdoms now happily united in this Cause by their late Solemn League and Covenant Which as it will prove the surest remedy so is it the earnest Prayer of your Majesties loyall Subjects the Lords and Commons assembled in the Parliament of England Westminster the 9th day of March 1643. Grey of Wark Speaker of the House of Peers pro tempore William Lenthall Speaker of the Commons-House in PARLIAMENT The Kings parties Apprehension and Comment on the Letter in these words Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming language in them to call his Majesties earnest endeavours for peace but Professions and their own feigned pretences most reall Intentions but much more wonder at that menacing language that his Majesty cannot be the least nor the last sufferer which expressions from Subjects in Arms to their Soveraign what dangerous construction they may admit we are unwilling to mention Thus much for the Kings parties Comment on the Letter One other intercourse of Messages between both Parties of a latter time The Summons sent by the Committee of both Kingdoms to the Governour of Newarke for surrendring that Towne and Fort The h Summons expressing perswasive and valid reasons to surrender it the Governour rather his Secretaries Answer full of good Language courage and strength of wit wherein mentioning the Kings Letter sent the 23 of March 1644. unto both Houses of Parliament he urges the Kings granting Graecious Conditions and proves it in that he would Disband his Forces Dismantle his Garrisons c. he who penned the Answer recites not all the Kings Proposalls as that he would have withall his Friends pardoned the Sequestration taken from off their Estates and the like either he saw not the Kings whole Letter being he recites but one part only or else he smiles in his sleeve thinking by his reserved Comment on the Letter to satisfie the Committee there and the whole Kingdom besides of the Kings gracious inclination in that Letter whereof the Answerer reciteth but one part the offering those promises which he mentions and commends the King for seems like Sathans contracting with our Saviour in the Gospell who tells him of large gifts to give him all the Kingdomes of the Earth and the glory of them but on what condition On such as Christ his purity and immunity from all sin could not accept viz. to fall downe and worship him The Kings Letter was easily to be understood by any who shall read it collectively and all together but not a part only as of disbanding his Forces dismantling his Garrisons with other the like gracious proffers made but on what condition are they made to have his friends pardoned and their Sequestraâ—iâ—ns wholy taken off Such manner of collective speaking being conditionall the one is not expected to be done on the one side if the rest be not performed on the other The Answerer 's mentioning so much of the Letter as may serve the turn in reciting the Kings gracious promise leaves out on what condition the promise is made the condition annexed to the promise frustrates the vertue of the promise for that which the answerer calls gracious in the Kings Letter of Disbanding his forces if nothing else were to be expected are in every mans Iudgement as in the Answerers gracious indeed but that the Kings expects to have his Friends pardoned the Sequestrations wholly taken off from their Estates were by the Parliaments giving way to the revoking their own Iudgments to accuse themselves of Injustice-doing to put them whom they accounted Offenders and their enemies into as good or better condition then their own friends the Answerer if knowing the Kings whole letter and would contract it into parts reciting only that which serves his turne the Committee being presumed solid and understanding Gentlemen would questionlesse follow the dictates of their own Iudgment without replying to the Answerer For an handsome Dialect and height of wit which haply may delight some Readers but cures not the distempers and calamities of a Civil war nor satisfies the serious expectation of unbiassed spectators or Actors in these Tragedies it is confessed that the Assembly at Oxford and their Party in their Quarters there having the more facete and nimble wits with the help influence of the Youth and Schollers there not ripe enough nor versed in the Laws policies of a State may seem to exceed the Parliament and those whom the Parliament imployes in their expressions but let the Books on either side be examined by the test of Reason and Prudence the Reader will soon discern the difference and these foure remarkeable Messages instanced in may decide the contest none other of all their conflicts of that kind being more opposite each to other nor any of their Messages reciprocally sent more disdainfully rejected on
they pretend the Authority of the Word and whatsoever conceipt is begotten in their heads the Spirit of God to be presently the Author of it when as learned and judicious men in whom the Lord hath put wisdome and understanding to know how to worke all manner of worke for the service of the Sanctuary like Bezaleel and Aholiab refuse much of the stuffe which is offered them Scripture is given to all to learne to teach to interpret only to a few It is the voice of God confessed by all that the sense is Scripture not the words it cannot be therefore avoyded but that he that wilfully strives to fasten some sense of his owne other then the nature of the place will beare must needs take upon him the person of God himselfe and to be an indicter of Scripture No Scripture is of private interpretation There can be but two certaine and infallible Interpreters of it either it selfe or the holy Ghost the Author of it it selfe doth then expound it encouragement to the Study and Increase thereof by their favour and respect shewn unto the Universities and Colledges where it is most properly to be acquired and had for which they were instituted at first and are renowned equally to the best Seminaries of Learning throughout all EUROPE the Parliament having for the c most part exempted them from any Charge or Tax for raising mony towards this War by giving way unto and placing painful and sober Governours in the severall Societies of the Universities to reduce them to their former temper of acquiring Learning and good Manners that what the fury and fiercenesse of the War was likely to demolish and destroy is yet recoverable by the care and industry of their Governours that whereas there is a Disproportion and Antipathy between Science a soft milde and tender habit and a War a privative and destroying judgement there is yet by Gods blessing left a possibility and meanes of a regresse from a Warre and Garrison of Souldiers in * one of them to an acquisition of Sciences and Learning Neither doth the Parliament for ought we see neglect or disesteem the Universities or other Seminaries of Learning or take away the Endowments of Colledgeâ— as their Enemies give out in that some of the most learned of the Schollers there are dispossessed of part of their Estates for their disaffection or because that able men of the Universities and elsewhere are sequestred for a time by reason of their constant prejudice and ill will against the Parliament and their Proceedings the Parliament knowing such to be Interested and not long since seasoned by the Enemy Garrisoning in one of the Vniversities and devising yet to contrive their overthrow to let in the King's Power againe They could not be ignorant of the discontent and envy borne towards Them by divers of the more ripe and learned of the Clergy to see the Church Preferments and Dignities which they aimed at to be taken away how apt withall to engage the younger sort of Schollers in this their Cause by seasoning them with the same leaven of Discontent without considâ—ring that what was bestowed and instituted at first by Pious d Founders for the encouragement of Learning study and good uses many of them did betray to Luxury and Ease which the Parliament not knowing how otherwise to correct or moderate and foreseeing such Corruption to be so incorporate into their Prelaticall and Caâ—hedrall Calling that amidst these oppositions and distractions threatning the ruine of Three Kingdomes occasioned chiefly by reason of a corrupt and Prelaticall Clergy as the e Estates of 2 of the said Kingdoms have observed They knew no other remedy to be applyed then to alienate those Endowments to dispose of them to other uses The work of Reformation being in hand and Preaching the Gospell the instrumentall means thereof no man will judge such an emulation or ill-will to be in a prudent Laity intending to Reform towards a learned Clergy the means of Reforming that the one should discountenance or bring down the other the Clergy such as the Apostle would have them be Blamelesse have h Remonstrated and Protested for the contrary Rather the Kings Party with the Presbyterians most adhering unto him now seem to give way to many practises tending to Irreligion although not directly and immediately unless by those of the Popish Faction yet remotely and consequently whilst they so earnestly contend against the opposite Party called Independents that they would rather submit unto a Turk or Jew then to be mastered by that Party for the Presbyterians weakning them and themselves also by striving each with other help the Enemy into a Power to subvert that which some of the Kings Party have heretofore aimed at and hath been the first object of this Quarrell Religion The Emulation and Discontent of which Parties the Kings and those of Presbyterian grows out of a fear to be overcome Adversaries convinced are prone to Revenge and Envy and that appears from the judgement and censure the Kings Party have passed against the Parliaments in the punishment had the Kings prevailed they would have condemned them to for of the moderate sort of the Parliament and their Friends they hold them unskillfull i vulgar spirited weak and seduced men for siding with the People as they term it and their Multitudes the more eminent active sort Traitors Periured All yea the Neutralls too for not offering to defend the King according to the Oath of Allegiance the Parliament Party having a more moderate and milde judgment of the King's knowing many of them restlesse and implacable as yet judging others mistaken onely misapprehending the Cause in hand or to have been led away through ambition aspiring thoughts to adhere unto the King whereupon they have accordingly passed by the Errors and Transgressions of the Kings by an easy mulcting them giving way unto their enjoying their Estates and Fortunes so that if the judgment at the first had been no worse no more rashly and erroneously passed against the one then it was against the other Party the War had soon been ended and a Peace restored By the Kings Parties large extenâ—ion of which Oath in not offering to defend the King they may bring many within the compasse of Perjury the King holding himselfe bound to maintaine the Lawes by his Supreme power to tâ—ke vengeance on evill doers without which he may think he bears the Sword in 〈◊〉 as the Subjects are to their Allegiance the obligation is reciprocall as the two Houses of Parliament when allowed to be and styled by the King himselfe a Parliament with an unanimous consent observed in their Message sent unto him else-where recited in this discourse if the King may dispence with his Oath from which the Author of the k {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} presumes to discharge him as that the Author is so far from thinking the Maiesty of the Crown of
retired and solid Parts wherewith he was endowed then doubtless free from the affectated words whereof the Book is full in defence of the manisold actions of his incident to this War many of them too weakly excused to be his although in an handsome way of writing to possesse the belief of men obtruded on him by indeed the Author of the Booke of Divine and wholsome Councell left in his name to his Sonne might gaine a beliefe of what was vehemently suspected to the contrary That the Fathers heart was seasoned with the like Principles according to the Councell given unto the Sonne and as to the time of that Councell given there are none but have observed that the fears of the growth of Superstitious Tyranny in the peacefull times were y only and a long time more then those of the growth of Anarchy easy to be let in amongst other disturbances and distractions through the licentiousnesse and confusedness of a civill Warre and wherefore is that Councell given as if the Parliament did intend or had brought in Anarchy or devised to root out all Government No calumny whereby to render them and their proceedings odious and detestable is of extent enough to serve and satiate their Enemies appetite The Parliament in their prudence and experience might discerne a reason for the changing the Monarchical into some other form of as much conducement to the maintenance of Peace and Justice But z what that Religion is which the Author enjoynes the Prince unto whether opposite to Popery or Schisme this like weeds in Corn choaking and hindring its growth that like Mildews blasting and destroying it he defining not makes it seem doâ—btfull to the Reader for presently after he would have the Prince his Iudgment and reason to seale to that Sacred Bond which education hath written in him let a computation be had of his young years how in his infancy uncapable of discerning the differences of Religion before this Warre began where and with whom he hath lived these eight or nine years since it began all men will not believe that to be the Reformed Protestant Religion which is there enjoyned him take it in its purity or as the corruption of times hath fashioned it the Prince is vehemently suspected to goe in a contrary Diameter to either as to those Instructions given him by the Author by what is reported of his having favoured and entertained at his Court the greatest and most known Papists Forraigners of all parts setting aside his Protestant and Native English And howbeit he seems now for a tyme to comply with the Protestants and other of the Scotish Nation and they reciprocally with him his constant and certaine ayde is yet kept up his interest maintained by the Kings Catholick Subjects in Ireland as they terme themselves in favour to the Prince so that what at the beginning of these Warres was acutely urged as a witty and plausible fallacy of the Papists taking up Arms for the Protestant Cause is at this day marveled at the name changed only as that the Papists in Ireland take Armes to defend a Protestant Prince in Scotland All which considered the Prince cannot be thought to take those instructions to be truely and genuinely the Kings or little observes them as the Kings That which should have beene expunged out of the Booke to make it the more admired his is that one passage strange amongst the rest about the Authors challenging the Parliament for discovering the Letters taken at Naseby Fight even now mentioned unlesse it were ill taken by the Author in the Kings behalfe that the naming his friends assembled at Oxford in the nature of a Parliament his Mungrell Parliament as himselfe stiled it should be disclosed together and Liberties of a Free-born people or presumptuously shall take part with the subverters of the same although in a small degree of Oppression and Eâ—action the Lawes having their Metes and Limits to bound out unto every man his owne are in the Judgement of a Learned b Prince no better than Pests Vipers and Traytors to a Kingdome whence it might be mervailed at but that the Parliament hath with Clemency passed by the Transgressions of their mistaken Country-men and fellow Subjects without any heavier censure then Fining them that the violating the ancient Law of Magna Charta so industriously and religiously preserved by their Ancestors and above thirty severall times confirmed in Parliament to use the very words of the Lords and Commons assembled at Oxford in their c Declaration printed there should be objected against the Parliament sitting at Westminster to be a bold avowed transgression of the Laws and Liberties of the People as if the parties of those Lords and Commons were altogether free from the like transgressions so they may in like manner object a violating the late Kings Grant to the Petition of Right when they and their party are setting aside the justice of the â—ause on either side as culpable as the Parliaments party are The pillaging the Earl of Stamforâ—'s house in Leicestershire by the Kings Party commanding there an undoubted and notorious Felony by the Letter of the Law all his Souldiers guilty of the same The storming by day and night the breaking into the Marquesse of Winchester his house in Hantshire by the Parliaments Party the highest degree of Burglary many the like Hostile Acts may be instanced in on either side but how in the heat of War in the pursuit of Conquest each party striving who should overcome and destroy their Enemy One other passage in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as unjustly and improbably delivered is considerable viz. the plausible reasons d given of the Kings going to the House of Commons with so many armed Gentlemen which as the Author sayes was no unwonted thing for the Maiesty of a King to be so attended especially in discontented times The times were not then so discontented as that unheard of and horrid act might have made them at that time had but the hand of one desperate Caitiffe given fire to his Pistols ready cockt the House of Commons being neer full and equall in number to the Forces prepared against them no man knows how disastrous and fatall the Event had been Neither could the King justly fear to be assaulted by any in the House as the Author intimates None in the House within being armed answerable to the Kings Guard without The Author thinks he hath handsomely palliated that Attempt under colour of the Kings standing in need of a Guard rendring those His Attendants there short of his ordinary Guard but whether he meant short in number or in a daring and forcible array he declares not Many other Passages as improbable as these are the Discourses of the Booke too tedious to recite the examining and search whereof is besides this purpose It seems to have little of the King it hath elegancy of wit enough and affectation of
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.
expressions to be applauded inconsistent with a sound and Christian wisdome whereunto his present condition was to be fitted and Charity enjoyns not to think it his when full of so ma every three years presumes an expiration of that Parliament which enacted it and the King binding himselfe not to dissolve this without their own consent implies a consummation of such matters and Acts as were to be handled and dispatched within the time before the Trienniall was to commence which could not well be done by reason of the Oppositions and Affronts offered to blast their meetings and retard their Councells otherwise a Trienniall Parliament would have began before the present Parliament should end Besides every future Parliament could not but expect an over-awing Power to shake and dissolve it at pleasure wherefore the care and taske of this could be no lesse then to make sure and valid Their power and station which if it be or had been borne downe what security could be had in the power and stability of Trienniall or future Parliaments The Kings forbidding Papists to fight in his Quarrell is in that his answer to the Lords and Commons well expressed and might give seeming satisfaction to the Protestant Party had it been as well observed for if that be true which is credibly reported of the soule and unheard of misdemeanour to the affront and scorne of the Protestant Religion committed by his party part of the Northerne forces and styling themselves the Queens Army at the storming a g Garrison Towne in Wiltshire with many other Acts of his and his party in countenancing Papists charged on him by his people was no good evidence of his inclinations to the Protestant And how by his Catholique Subjects as they are ambitious to style themselves in Ireland and desirous they may be so Recorded and by the Queens party and Army here shall his disavowing Papists be made good her Opinions and Demeanour destructive to Protestantisâ—â—â—e together with the ayd of an obnoxious and discontented party here at home to affront the Parliament and their proceedings in favour to the King when tyme should serve being no good Arguments to prove his constancy or sincerity really to performe what he promised and professed the Scots having a previous sense gave the English notice hereof to intreat them to be wary c. least if they were not carefull and couragious they might be over reached as in the beginning of this discourse is set forth at large which the Parliament revolving and from their owne Observation and Experience tender also of the great Trust which the people had reposed in Them were not willing to put it to the hazzard whether the King would make good his promises which if he did not the sad return which They must have made to the People of their Trust had been They could not have thought it would have so fallen out personall promises and tenders of grace are not compensatory nor an adequate discharge from reall injuries Which promises when againe objected the season of offering them may be retorted as an answer to the Objection as when they were promised viz. when he saw his Prerogative Acts scanned and enquired into swelling above the bounds of Law and Justice when divers of his friends and favourites questioned and even convicted of high and Capitall enormities and that he could not otherwise rescue them from the hands of Justice then by engratiating himselfe with the people by telling them of such Lawes made for their ease and benefit untill he had gained then their fellow Subjects did or could have discovered any darke or secret contrivances of such intendment or conspiracy against his person deeming all others of a narrow capacity ignorant and dull spirited they were too blame to conceale the plot the manner and means of effecting it they had opportunity encouragement liberty enough when his Party were with him at Oxford and then and there accused the Parliament sitting at Westminster of many Treasonable designs when the quality of the persons accusing being considered the heinousnesse of the crimes wherewith the accused were charged the accusers would leave no means unattempted to enhance their power to make good their accusation for the Iustice sake of their owne proceedings which heavy charges devised by them could not be the Iudgment of them all to censure those of Westminster Trayteurs c. It was most likely to be the pride of some few thirsting to overcome and taking upon them to be dictatours of Law and Treason who t is probable forced and drew on the rest present then and unawares of what sad consequences might follow to partake of their own Crimes and Errors So then the case is briefly thus The Kings party have in their Declarations charged the Parliament and their party of High Treason which party of the Kings to make good their charge have striven and done their utmost to improve their own to consume the Parliaments strength as by inviting both Forreigners and Natives to come to their assistance yea h Neutrals too under paine of Allegiance forfeiting and breach of Oath The Parliament have on the other side to defend themselves and friends from such guilt the Neutrals also from the censure of Allegiance forfeiting as much contended to abate and take away the Kings parties strength so both partie comming as it were to joyne issue in the tryall there is likely to be no further dispute concerning it then what the sword shall determine The next Treason wherewith the Parliament stands charged is the making a new Great Seale counterfeiting the Kings the Reader may observe the justnesse of such charge the Great Seale an Instrument of State i whereby Iustice is derived and distributed to the people as the Kings party at Oxford have confessed being surreptitiously and vafrously taken away from the Parliament the Representative body of the People contrary to the trust reposed in the Keeper of the same the making a new one cannot be rightly judged Counterfeiting within the meaning of the * Statute Counterfeiting is a close cover act against the knowledg and privity of a superiour and lawfull power damnified by such counterfeiting nor is every thing which is made to the mould by which t is made a simply counterfeiting The quality of the offence is discerned in the manner of the offending and the making a Law commonly relates to some precedent crime or fraud Now no man will believe that it is anywhere to be found upon Record whereon to ground a Law that a King and Parliament have at any time made use of a Great Seale to crosse or thwart each others actings Many other accusations of this kind are charged on them as disturbers of the Peace Authors and Fomentors of this they call Rebellion wherefore lest these severall charges heretofore denounced against them should by the Enemy's recovering his power againe be hereafter made good obedience to Their power They require no more
of Arms in the defence of the Laws and Liberties was judged by the one side to bee Lawfull and Necessary condemned on the other to be Trayterous and Rebellious the same act could not be Lawfull and Trayterous too the Difference onely is as a long time it hath been concerning the severall objects and matters in dispute as how Peace hath been forfeited how lost now on what terms and by what means to regain and secure it when regained The Kings party say the more moderate from a reluctancy of heart and unwillingness to be Conquered others of a fiercer spirit to be Avenged on their Adversaries the surest and next way to Peace is in the Prince his enjoying what his Father had faintly believing that he will be avenged only on those who were the Authors Contrivers of his Fathers death that he will passe by with a generall Act of Oblivion all other of the People by a light Fining or putting them to Compound for their Estates The Parliament having in their wisdome and experience discerned and foreseen the danger which the Common wealth They and Their Friends are thereby subject to are of a contrary minde to what the Kings party doe give out They doe foresee and know that it concerns them to provide against that the Prince will not onely rest there to be avenged for his Fathers death he will remember his owne being kept out and as it were exiled from out the Kingdome whereunto he aspires and hath engaged so many against this The Scots in maintenance of the Kings Party's judgement contend to aid his Sonne the Prince but whether for tho Covenant as their Motto's doe professe or against through a mis-understanding it or through willfull blindness their Actions doe declare and are here expressed They give out that they have brought the Prince to repentance for his Faâ—hers sinnes and for the sinnes of his Family but that their Prince doth threaten not many moneths before requiring aid to be avenged for his Fathers death and yet to repent and to be humbled for his Fathers sinnes seems inconsistent But doe they mean the Prince in his Person only or his Party they should withall have brought to repentance all the King his Fathers party else their Covenanting to prevent and oppose seems to be of little use the meaning of preventing and opposing carries with it a further progress of motion then to intend onely the person of the King then living the Repentance which they speak of if it should prove feigned and dissembled the Heart is desperately evil who can know it and thereby the safety of many thousands engaged in this Quarrell swallowed up the too late his Partyes construction as to offend Whosoever shal look on in a conflict betwixt two opposite Parties his affections questionlesse incline whatsoever his Actions are more to the one party then to the other So Neutrals such as have not acted for the King being already by his Party adjudged Guilty are subject to the censure may be brought in within the compasse of the Prince his meaning for if upon the late King his Parties good successe in some victories obtained when they kept Garrison at Oxford they in the high tide of triumph construing their fellow Subjects demeanour in relation to the King spared not to bring in all Neutralls if the Prince shall come in Conquerour what shall be judged and who reputed Principalls who Accessaries which is all one if it were Treason to his fathers death when as the Charge of taking away his life Forraigners and strangers beyond Sea reckon to be a Nationall and the Peoples Act because the Parliament is the Representative of the people for they not knowing the reason and exigency of matters here account it not an Act only of the Iudges Advocates and Officers deputed for his Tryall but include the whole English driven on first by the Scotish Nation the English more manifestly in that divers of their Friends and Agents being employed beyond Sea for making good the Amity and correspondence betwixt Them and other States and Nations have been barbarously and inhumanely murdered by the enemies party severall affronts and indignities offered them all to disgrace lessen and discourage the Parliament and their Actings So that it concernes both Nations the English and the Scots rightly to apprehend and rather to have continued in their mutuall League then be led away as the Scots have manifested themselves to be by the power and ambition of the greater ones to engage one against the other The English have sufficiently expressed their averseness from a Warre with the Scots their readynesse to afford them ayd in their greatest wants and cannot now be thought forward unlesse provoked to invade their Country or if they do to be gayners by it what the Scots may by invading This all men know who know the condition of Theirs and Ours how sterile the one how fruitfull the other Country is the setting Us and Them at variance the differences and dissentions between Us now flowÌ„ frow one common Source to wit the Enemy his wiles and subtilty who wants no stratagem to bring this contest betwixt him and Us into a fresh debate both by secret and covert acts at home to promote sedition and division amongst those whom he would overcome as by open Acts and solicitings abroad to pursue his attempting to bring in any forraign force how wild or barbarous soever they be how hard to get them out againe out of this plentifull Nation yeelding them all provisions all habiliments of Warre to strengthen themselves in this as to provide for their next attempt elsewhere after they have destroyed and harrased this not knowing how to distinguish between Presbyterian Independent and Royall Party and this to be driven on by him and his accomplices in an hazardous and uncertaine way out of revenge and thirst to regaine unto himselfe his power againe long since forfeited through his mistaken loyalty certainely through disaffection to his native Brethren of the same Nation or without considering which wise men should the price of peace which cannot be had without a War Mony being the sinewes and support thereof the Country-man grudgeth not to pay for seed expecting a plentifull harvest nor the Tenant to contract with his Landlord to disburse great summes for an estate in Reversion for his posterity yet the laying out mony by either of them for that without which the Countrymans harvest nor the Tenants Estate can fall out joyously is irksome to them both The frequent exception which the People make by way of comparison between the payment of Ship-money in the late Kings time and the Impositions and Taxes now required comes fitly to be answered Better say they that the payment of Ship-money should have continued and the like illegall Taxes demanded beyond and above the power of Law easier to be born then so much Bloud spilt then such vast summes of money spent in the maintenance of this War