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A90657 Veritas inconcussa or, a most certain truth asserted, that King Charles the First, was no man of blood, but a martyr for his people. Together with a sad, and impartial enquiry, whether the King or Parliament began the war, which hath so much ruined, and undone the kingdom of England? and who was in the defensive part of it? By Fabian Philipps Esq;; King Charles the First, no man of blood: but a martyr for his people. Philipps, Fabian, 1601-1690. 1660 (1660) Wing P2020; Thomason E1925_2; ESTC R203146 66,988 269

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they have brought to pass against Him 25 August 1642. being some dayes after the Earl of Bedford had marched with great forces into the West that His Subjects might be informed of His danger and repair to His succour setteth up His Standard at Nottingham r being a thing of a meer legal necessity if He would have any at all to come to help Him and not forfeit and surprise those that by tenure of their Lands or by reason of offices fees or annuities enjoyed under Him were more immediately bound to assist Him And yet here He must weep over Jerusalem and once again intreat the Parliament and His Rebellious subjects to prevent their own miseries and therefore sends the Earls of Southampton and Dorset to the Parliament to desire a Treaty offering to do all on His own part which might advance the Protestant Religion oppose Popery and Superstition and secure the Laws and Liberties of his Subjects and just priviledges of Parliament Which after several scornes put upon those Noble Messengers as denying the Earl of Southampton to come and sit in the House of Peers a right by birth and inheritance due unto him and causing the Serjeant at Arms of the House of Commons to go before him with the Mace as they use to do before Delinquents They refuse to accept of unless the King would first take down His Standard and recal His Declarations and Proclamations against them To which the King the 5. Septemb. 1642. notwithstanding the Earl of Bedford had with great forces in the mean time besieged the Marquis of Hartford in the Castle of Sherborn in Dorset-shire replying That He never did Declare nor ever intended to Declare both His Houses of Parliament to be Traytors or set up His Standard against them much less to put them and the Kingdom out of His protection And utterly s protesting against it before God and the World offered to recal His Declarations and Proclamations with all cheerfulness the same day that they should revoke their Declarations against those that had assisted Him and desiring a Treaty and conjuring them to consider the bleeding condition of Ireland and the danger of England undertakes to be ready to grant any thing shall be really good for His Subjects which being brought by the Lord Falkland one of His Majesties Secretaries of State and a Member of the House of Commons and not long before in a very great esteem with them all the respect could be afforded him being to stand at the Bar of the House of Commons and deliver his Message unto them had onely an answer in a printed Declaration of the Lords and Commons returned unto him That it was Ordered and Declared by the Lords and Commons in Parliament That the Arms which they have been forced to take up or shall be forced to take up for the preservation of the Parliament Religion and the Laws and Liberties of the Kingdom shall not be laid down until His Majesty shall withdraw His protection from such persons as have been voted by both Houses of Parliament to be Delinquents or that shall by t both Houses of Parliament be voted to be Delinquents which after their mad way of voting mig●● have been himself his Queen or His Heir apparent and leave them to the Iustice of Parliament according to their demerites to the end that those great Charges and damages wherewithal the Common wealth hath been burdened since His Majesty departed from the Parliament might be born by the Delinquents and other Malignant and dis-affected persons and that those who by Loans of money or otherwise at their charges have assisted the Common-wealth or shall in like maner hereafter assist the Common-wealth in times of extream danger and here they would also provide for future friends and quarrels may be re-paid all sums of money le●● for those purposes and satisfied their charges susteined out of the Estates of the said Delinquents and of the Malignant and dis-affected party in this Kingdom And to make good their words 8. of September 1642. Before their answer could come unto the Kings hands Ordered certain numbers of horse and foot to be sent to Garrison and secure Oxford and the morrow after before the King could possibly reply unto it their Lord General the Earl of Essex marched out of London against him with an Army of 20000. men horse and foot gallantly Armed and a great train of Artillery to attend him Notwithstanding all which and those huge impossibilities which every day more and more appeared of obtaining a Peace with those who were so much afraid to be loosers by it as they never at all intended it The King must needs send one message more unto them to try if that might not give them some occasion to send Him gentler conditions and therefore 13. September 1642. Being the same day they had impeached the Lord Strange of High-Treason for executing the Kings Commission of Array and Ordered the propositions for furnishing of horse plate and money to be tendred from house to house in the Cities of London Westminster to be sent into all the Shires Counties of England to be tendred for the same purpose and the names of the refusers to be certified Mr. May one of the Pages to the King comes to the Lords House in Parliament with a message from Him bearing date but two dayes before u That although He had used all ways and means to prevent the present distractions and dangers of the Kingdom all His labours have been fruitless that not so much as a Treaty earnestly desired by Him can be obtained though He disclaimed all His Proclamations and Declarations and the erecting of His Standard as against His Parliament unless He should denude himself of all force to defend Him from a visible strength marching against Him That now He had nothing left in His power but to express the deep sense He had of the publique misery of the Kingdom and to apply himself to a necessary defence wherein He whoily relied upon the providence of God and the affection of His good people and was so far from putting them out of His protection as when the Parliament should desire a treaty He would piously remember whose blood is to be spilt in this quarrel and cheerfully embrace it But this must also leave them as it found them in their ungodly purposes for the morrow after being the 14. day of Septemb. 1642. Mr. Hampden one of the 5. Members by this time a Collonel of the Army brings letters to the House of Commons from the Parliaments General that he was at Northampton in a very good posture and that great numbers of the Countreys thereabouts came in dayly unto him and offered to march under him and that so soon as all his forces that are about London shall come unto him which he desires may be hastened he intended to advance towards His Majesty and it was the same day voted That all things sealed by
fight and have been told that the King shot at them for the safety of His own Person and that they also shot against Him for the safety of His own Person and being asked which of the two parties he believed did really or most of all intend the safety of it we cannot tell how to think any man such a stranger to nature reason or understanding as to think the King should not fight as the Dictates of nature perswaded him to or that the King could tell how to fight against those that fought for him or that if he should be so hugely mistaken in that one year or Battel he should be in several other years and Battels after To fight for the defence of the Religion established as they made also the people believe was as needless when the King offered to do every thing might help to promote it and they are so little also to be credited in that pretence as we know they did all they could from the beginning to ruine it took away Episcopacy the hedge and bounds of it brought in Presbytery to preach up and aid their Rebellion and when their own turns were served encouraged Conventicles and Tub-preachers to pull down the Presbytery And being demanded at the treaty at Uxbridge by the Kings Commissioners what Religion they would have the King to establish were so unprovided of an answer as they could not resolve what to nominate nor in any of their propositions afterwards sent to the King though ofted urged and complained of by the Scottish Commissioners could ever finde the way to do it but have now set up an Independent extemporary enthusiastick kinde of worshipping God if there were any such thing in it or rather a religious Chaos or gallimaufrey of all maner of heresies errours blasphemies and opinions put together not any of the owners of which we can be confident will subscribe to that opinion that Wars may be made for Religion or that conscience ought to be forced by it As for the restrictive part of the Laws to keep the people in subjection we can very well perswade our selves no such War was ever made yet in the World nor any people ever found that would engage in a War for that they obeyed but against their wills And for that part of the Law that gives them the Kings protection priviledges immunities and certainties of deciding controversies which are more fitly to be called the Liberties of the people then to have 45. of the House of Commons or a Faction to make daily and hourly Laws Religion and Government and vote their estates in and out to pay an Army to force their obedience to it if we had not out-lived the Parliaments disguises and pretences saw them now tearing them up by the roots that there may be no hope of their growing up again and setting up their own as well as the ignorant and illiterate fancies of Mechaniques and Souldiers in stead of them we might have said that also had been needless when the King had done abundantly enough already and offered to grant any thing more that could in reason be demanded of Him And as touching their priviledges of Parliament They that understand but any thing of the Laws of England or have but looked into the Records and Journals of Parliament can tell that all priviledges of Parliament as King James said were at first bestowed upon them by the Kings and Princes of this Kingdom That priviledges of Parliament extended not to Treason or Felony or breach of the Peace That m 32. Hen. 6. Sir Thomas Thorpe Speaker of the House of Commons being arrested in execution in the time of the prorogation of the Parliament the Commons demanded he might be set at liberty according to their priviledges whereupon the Judges being asked their Councel therein made answer that general supersedeas of Parliament there were none but special supersedeas there was in which case of special supersedeas every Member of the House of Commons ought to enjoy the same unless in cases of Treason Felony or breach of the Peace After which answer it was determined that the said Sir Thomas Thorpe should lye in execution and the Commons were required on the behalf of the King to choose a new Speaker which they did and presented to the King accordingly That Queen Elizabeth was assured by her Judges that she might commit any of her Parliament during the Parliament for any offence committed against her Crown and dignity and they shewed her precedents for it and that primo tertio Caroli Regis upon search of precedents in the several great cases of the Earls of Arundel and Bristol very much insisted and stood upon the House of Peers in Parliament allowed of the exception of Treason Felony and breach of the Peace For indeed it is as impossible to think that there can be any priviledge to commit Treason as to think that a King should priviledge all his Nobility and every one of his Subjects that could get to be elected into the House of Commons in Parliament to commit Treason and to take away his life in the time of Parliament whensoever their revenge or malice or interest should find the opportunity to do it or that if it could be so any King or Prince would ever call or summon a Parliament to expose himself to such a latitude of danger or give them leave to sit as long as they would to breed it or that priviledges of Treason can be consistent with the name or being of a Parliament to consult and advise with the King for the defence of him and his Kingdom or that when Felony and breach of Peace are excepted out of their priviledge Treason that is of a far higher nature consequence and punishment should be allowed them or if there could have been any such priviledge and a meaner man then their Soveraign had broke it a small understanding may inform them that they could not without breach of the Peace have fought for it against a fellow Subject and then also could not their priviledges have reached to it but the King might have punished them for it and if they cannot upon a breach of priviledge n as it was adjudged in Halls case without the Kings writ and the cause first certified in Chancery deliver one of their own servants arrested It is not likely any warrant can be found in Law to inforce the King to reparation though he himself should have broken it but to petition the King for an allowance of that or any other priviledge as well in the middle or any other time of their sitting in Parliament as they alwayes do at the presenting of their Speaker in the beginning of it Wherefore certainly the People never gave the Parliament Commission if they could have given a Commission to make a War against their Soveraign to claim that was never due to them or to fight for that was never yet fought for by any of their
forget their due titles of Earls Lords or Knights because the King had made them so since the beginning of the War or else there must be neither Treaty nor Peace At Uxbridge the time of the Treaty limited for 20. days and at Newcastle for 10. and though the King and His Commissioners at Uxbridge almost petitioned for a cessation in the interim of that Treaty as they had done before in that which was at Oxford it could not be granted nor have a few days added to it and if the King could in Honor and Conscience have granted all the other parts of the Propositions must grant them an Act not onely to confiscate the Estates of His Friends and those that took Arms to save his Life and Estate but to take away their Lives also and not only that but to condemn them of high Treason and attaint their blood when they fought against them which were onely guilty of it a thing so unfitting unusually stood upon as it was never asked in any treaty or pacification among the civilized or more barbarous heathen and amounts to more then Adonibezeks causing the thumbs and great toes of his captive Kings to be cut off and making them to gather the crumbs from under his table or Benhadads demand of Ahabs silver and gold his wives and children and whatsoever else was pleasant in his eyes which the elders and people of Israel perswaded Ahab not to consent unto but was a thing purposely contrived and stood upon to hinder a Peace and was not to be asked or granted by any that could but entitle themselves to the least part of reason or humanity a demand Bajazet would not leave his Iron cage to yield unto a thing nature it self would abhor and the worst of villains and reprobates rather lose their lives then yield to would never be demanded by any but a Devil nor granted by any but his Equals And if their desiring of a War more then a peace and to keep the King out of his own had not been the only cause of such unnatural and barbarous propositions it may well be wondred why they that have made to themselves for we cannot believe they have found any law or warrant to ground it upon a power to take away the Kings life upon a colour or pretence of an unread as well as unheard of piece of Justice should need to strive so hard with the King to give them a power to do that which they are now so busie to do of themselves and as if they had been afraid all this would not be enough to keep the doores of Janus or the Devil open for fear lest the King should trouble them with any more offers or Messages for peace a vote must be made in February 1647. that it should be treason in any man to bring or receive any more Messages from him without consent of Parliament But suppose that which is not that the Parliament could have but found any thing but somewhat like a cause or justification of a war against their Soveraign for notwithstanding all their hypocritical pretences so it was at first intended and so it hath proved to be ever since to whom their Masters the people we mean as to the House of Commons had sent them to consult with not to make a War against him they might have remembred that saying of Cicero if they had found nothing in the book of God and their own consciences to perswade them to it That z duo sunt genera decertandi unum per disceptationem alterum per vim ad hoc confugiendum non est si uti superiori licebit There are other ways to come by pretended rights then by a War and we ought never to make use of a War which is the worst of all remedies if we may obtain it by a better Hen. 2. King of England was made a Judge betwixt the Kings of Castile and Navarre a The Rebellious Barons of England in the raign of King Hen. 3. referred their controversies to the decision of the King of France and his Parliament at Paris And the blood of this Kingdom which ran so plentifully in those unhappy differences was by that means only stopped Charles b the 4. Emperor was made a Judge of the differences betwixt the English and the French Kings For as Albericus Gentilis saith well c Intelligendum est eos qui diffugiunt genus hoc decertandi per disceptationem ad alterum quod est per vim currunt ilico eos a justitia ab humanitate a probis exemplis refugere ruere in arma volentes qui subire judicium nullius velint They that rush into a War without assaying all other just means of deciding the controversie for which it is made and will judge onely according to their own will and opinion do turn their backs to Justice Humanity and all good Examples And in that also the Parliament will be found faulty For the French King and the States of the United Provinces did by more then one Request and Embassy severally and earnestly mediate to make an accord betwixt the King and His Parliament and desired to have all things in difference left to their arbitrement but their Ambassadors returned home again with a report how much they found the King inclined to it how satisfactorily he had offered and how much the Parliament was averse to their interposition and altogether refused it But we have tarried long enough among the Parliament partie from thence therefore for it is time to leave the company of so much wickedness we shall remove to the Kings party and yet that may cause a Sequestration and examine for a fuller satisfaction of that which by the rule of contraries is clear enough already if he were not on the defensive and more justifiable part of the business The King as He was defensor protector subditorum suorum and sworn to see the Law executed had not the sword nor his authority committed to him in vain And if he had no maner of just cause of fear either in His own Person or authority or no cause given him in re laesae Majestatis the imprisoning of His Subjects and plundring and taking away their Estates from them long before He had either armed himself or had wherewithal to do it had been cause as sufficient as to cause a Hue and Cry to be made after a fellon or raise the posse Comitatus to bring Him to Justice and might by the same reason do it in the case of more and by the same reason he might do it by the help of one nothing can hinder but by the same reason he might do it by the help of more When Nathan came to David with a parable and told him of the rich man that had taken the poor mans onely Sheep he that understood well enough the duty of a King was exceeding wroth against the man and said As sure
him If he would not grant it they would settle and dispose it without him And the morrow after Resolve upon the Question That the Kingdom be forthwith put in a posture of Defence in such a way as was already agreed upon by both Houses of Parliament and Order the Earl of Northumberland Lord High-Admiral to Rig and send to Sea His Majesties Navy and notwithstanding that the King 4 March 1641. by His Letter directed to the Lord Keeper Littleton had signified that He would wholly desist from any proceedings against the five Members and Kimbolton Sir John Hotham a Member of the House of Commons who before the King had accused the five Members and Kimbolton k had by Order of Parliament seized upon the Town of Hull the onely fortified place of strength in the Kingdom and made a Garison of it summoned and forced in many of the trained Soldiers of the County of York to help him to guard it Eighth of March 1641. Before the King could get to York it was Voted That whatsoever the two Houses of Parliament should Vote or Declare to be Law the People were bound to obey And when not long after the King offered to go in person to suppresse the Irish Rebellion That was Voted to be against the Law and an encouragement to the Rebels and they Declared that whosoever should assist him in his Voyage thither should be taken for an enemy to the Common-weale And 15 of March 1641. Resolved upon the Question That the several Commissions granted under the great Seal to the Lieutenants of the several Counties were illegal and void and that whosoever should execute any power over the Militia by colour of any such Commission without consent of both Houses of Parliament should be accounted a disturber of the peace of the Kingdom l April 1642. Sir John Hotham seizeth the Kings Magazine at Hull and when the King went but with a small attendance to demand an entrance into the Town denies him though he had then no Order to do it Notwithstanding all which the 28 of April 1642. they Vote That what he had done was in obedience to the commands of both Houses of Parliament and that the Kings proclaiming him to be a Traytor was a high breath of Priviledge of Parliament And Ordered All Sheriffs and Difficers to assist their Committees sent down with those their Votes to Sir John Hotham In the mean time the Pulpits flame with seditious invectives against the King and incitements to Rebellion and the People running headlong into it had all maner of countenance and encouragement unto it but those Ministers that preached Obedience and sought to prevent it were sure to be imprisoned and put out of their places for it Sir Henry Ludlow could be heard to say in the House of Commons m That the King was not worthy to Reign in England And Henry s Marten That the Kingly Office wa● forfeitable and the happiness of the Kingdom did not depend upon him and his Progeny And though the King demanded justice of them were neither punished nor put out of the House nor so much as questioned or blamed for it The Militia the principal part of the Kings regality without which it was impossible either to be a King or to govern and the sword which God had given him and his Ancestors for more then a thousand years together had enjoyed and none in the Barons wars nor any Rebellion of the Kingdom since the very being or essence of it durst ever heretofore presume to ask for must now be wrestled for and taken away from him The Commissions of Array being the old legal way by which the Kings of England had a power to raise and levy men for the defence of themselves and the Kingdom Voted to be illegal The passage at Sea defended against him and his Navy kept from him by the Earl of Warwick whilest the King all this while contenting himself to be meerly passive and only busying himself in giving answers to some Parliament Messages Declarations to wooe and intreat them out of this distemper cannot be proved to have done any one action like a war or to have so much as an intention to do it unless they can make his demanding an entrance into Hull with about twenty of His followers unarmed in His company and undertaking to return and leave the Governor in possession of it to be otherwise then it ought to be 5. of May 1642. The King being informed n That Sir John Hotham sent out Warrants to Constables to raise the Trained bands of York-shire writes His Letter to the Sheriff of that Country to forbid the Trained bands and commands them to repair to their dwelling houses 12. of May 1642. Perceiving himself every where endangered and a most horrid Rebellion framing against Him and Sir John Hotham so near Him at Hull as within a dayes journey of Him moves the o Country of York for a Troop of horse consisting of the prime Gentry of that Country and a Regiment of the Trained bands of foot to be for a guard unto Him caused the oath of Allegiance to be administred unto them But the Parliament thereupon Vote p That it appeared the King seduced by wicked Councel intended to make a war against them and till then if their own Votes should be true must acquite Him from any thing more then an intention as they call it to do it And that whosoever should assist him are Lraytors by the fundamental Laws of the Kingdom The Earl of Essex Lord-Chamberlain of the Kings houshold and all other of the Kings houshold servants forbid to go to him and the Kings putting some of them out and others in their places Voted to be an injury to the Parliament Messengers were sent for the apprehending some Earls and Barons about Him and some of His Bed-Chamber as if they had been Felons The Lord Keepers going to Him with the Great-Seal when He sent for him Voted To be a breach of Priviledge and pursued with a Warrant directed to all Mayors and Bayliffs to apprehend him Caused the Kings Rents and Revenues to be brought in to them and forbid any to be paid Him Many of His Officers and Servants put out of their places for being Loyal unto Him and those that were ill affected to Him put in their rooms and many of His own Servants tempted and procured by rewards and maintenance to tarry with them and be false and active against Him The twenty sixth day of May 1642. A Declaration is sent to the King but printed and published before he could receive it That q Whatsoever they should Vote is not by Law to be questioned either by the King or Subjects No precedent can limit or bound their proceedings A Parliament may dispose of any thing wherein the King or People have any right The Soveraign power resides in both Houses of Parliament The King hath no Negative voice The levying of
beginning of this Parliament 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 legal way lest under a pretence of danger and want of Authority from His Majesty to put them into a Military posture they should be drawn and engaged in any opposition against Him or His just Authority But 21 June 1642. e The Lords and Commons in Parliament Declaring The design 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 Majesty and His preparations at first coloured under the pretence of a guard being not so great a guard as they themselves had constantly for 6. moneths before did evidently appear to be intended for some great and extraordinary disign so as at this time also they do not charge the King with any maner of action of War or any thing done in a way or course of War against them and gave just cause of fear and jealousie to the Parliament being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make a 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 War against the Parliament 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 maner or provision of War to defend himself when their Army or Sir John Hotham should come to assault Him Powder and Armes were every where 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. day of June 1642. That the Horses which should be sent in for the Service of the Parliament 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 Manual commanded all the Judges of England in their circuits f to use all means to suppresse Popery Riots and unlawful 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 should have cause to thank Him for His Justice and favour But the same day a Declaration was published by both Houses of Parliament commanding g That no Sheriff Mayor Bayliff Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many dayes 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 Houses of Parliament or the proceedings thereof and Order h That in case any forces should be brought out of one County into another to disturb the Peace thereof they should be suppressed by the Trained bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Town of Hull whilest the King is at York i 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 k which the Parliament allows of and promise satisfaction to the owners 5 July 1642. They Order a subscription of Plate and Horse to be made in every Countey 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 beat 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-Lieutenants of the several 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 Countrey be imployed by direction of the Parliament and the Lord Brook is furnished with 6. pieces of Ordinance out of the Tower of London to fortifie the Castle of Warwick And 9. July 1642. Order That in case the Earl of Northampton should come into that County with a Commission of Array they should raise the Militia to suppresse him And that the Common Councel of London should consider of a way for the speedy raising of the 10000. Foot and that they should be listed and put in pay within four dayes after 11. July 1642. l The King sends to the Parliament to cause the Town of Hull to be delivered unto Him and desires to have their answer by the 15. of that moneth and as then had used no force against it But m the morrow after before that message could come unto them they resolve upon the Question That an Army shall be forthwith raised for the defence of the Kings Person and both Houses of Parliament and n those who have obeyed their Orders Commands in preserving the true Religion the Laws Liberties and the Peace of the Kingdom and that they would live and dye with the Earl of Essex whom they nominate General in that Cause 12. July 1642. Declare That they will protect all that shall be imployed in their assistance and Militia And 16. July 1642. Petition the King o to forbear any preparations or actions of War and to dismisse His extraordinary guards to come nearer to them and hearken to their advice but before that Petition could be answered wherein the King offered when the Town of Hull should be delivered to Him He would no longer have an Army before it and should be assured that the same pretence which took Hull from him may not put a Garrison into Newcastle into which after the Parliaments surprise of Hull He was inforced to place a Governour and a small Garrison He would also remove that Garrison and so as His Magizine and Navy
them to rescue his Brother Lot and his goods and was blessed by Melchisedec the Priest of the most high God for doing of it Or if the k War which the Tribes of Israel made against the Tribe of Benjamin and the men of Gibeah for committing lewdness and folly in Israel that of l David to rescue his wives that were carried away captive by the Amalekites or m to fetch home the Ark of God from the Philistines that which n Ahab made with Benhadad the king of Syria who was not half so Tyrannical in his Propositions as the Parliament were approved of in sacred Story or that which was made by Judas Maccabeus and his Brethren to rescue the decayed Estate of the people of the Jews or that which was used to be made by the heathen pro aris focis were never yet so much as suspected to be unlawful How shall this of the kings be condemned that had as much as Abraham David Ahab against Benhadad o Judas Maccabeus and the tribes of Israel or those heathens that made it pro aris focis put them all together to warrant it Or by what reason or Law is any man by the Laws of England excused for killing a man in his own defence when he is necessitated to it or for killing theeves that come to assault or rob him in his House or Castle If the King shall be hunted from his House through all the parts and corners of his Kingdom for his Life and not only for his Life but his Honour and not only for his Life and Honour but his Conscience and yet must never draw his sword or seek to defend himself or have any body else to do it for him Or how have all the Kings Princes and Magistrates of the world hitherto governed and defended themselves and their people or shall ever be able to give an account of the people committed to their charge if they may not be at liberty to make a Legal use of the sword power and reason which God hath given them Or how can those State riddles like those of Sphinx only made to destroy men withal that they fought for the King and Parliament as is alledged in many of their Orders and Declarations and that the war on the Kings part was a Rebellion raised against the King and Parliament as is expressed in the p Ordinance of Parliament for association of the Counties of Pembroke Cardigan and Caermarthen be ever understood by any rules of sense or reason if he had been as he was not on the offensive part of the war and had begun it against them Or how the Earl of Essex and Sir Thomas Fairfax could as there was Law and reason enough to perswade them to it believe that the war made by the King against the Scots wherein they served and took command under him was lawful and that a War in his own defence against the forces of the Parliament wherein they were shortly after successively one after the other Generals and Commanders against him should be unlawful or that they which seised the Town and Magazine of Hull and first began the war against the King who only defended himself and the people committed to his charge can possibly be understood to have done it in their own defence or that what they did could in the means and way which they used or took unto it and the sad and dire effects and consequences of it receive any other interpretation then that they began made a war against the King upon a colour only and pretence that they made it for him But if any shall be so in love with the sense of the House of Commons as to be out of their own senses and think that though there be no maner of evidence or proof to be had for love or money that the Parliament were constrained to defend themselves by a war yet the Kings admitting of the Preamble of the Parliaments Propositions presented to him at the Isle of Wight that the Parliament was necessitated to take up Arms in their just and lawful defence makes him who must needs be best acquainted with his own actions to be so clearly guilty of all the blood that hath been shed in these wars as it puts to silence all that can be now alledged or said in his behalf They that made the preamble and placed it in limine and the threshold of the Treaty on purpose to catch and insnare him for either he must have denied it at the very beginning and entrance into the Treaty and leave his Kingdoms and people to wallow in the blood and misery which their Parliament Idols had brought them to have all the blame laid upon him for hindring a Peace which he had so much longed and laboured for or put himself and all his Loyal Subjects that helped to defend him under the burden of those Sins and Shames which the Parliament themselves had all the right to can tell their undone and deluded Proselytes how much the King stuck at it how unwilling he was to break off the Treaty and was unwilling to wrong his own Innocency and that when the Parliament Commissioners had not any thing either in Law Truth Reason or Argument to perswade him to yield unto it but laid it only as a case of necessity before him though there was no such preamble at the Treaties of Oxford and Uxbridg nor any such necessity at those times insisted upon that unless he would take the guilt upon himself his two Houses of Parliament and the People had engaged with them must necessarily be guilty of Treason and could not have any security from the guilt and punishment of it The King bemoaning himself and people that must be thus shut out from any hopes of peace intreated some expedient or medium might be found out to reconcile the differences But Cains sins being greater then could be forgiven him unless Abel can be brought to say he killed Cain they that could afterward finde an expedient for 21. of their great Councel of State that refused to subscribe to the lawfulness of murdering the King after it was done could finde none at all for the King to purchase a Peace for the people though many kinds of ways and expedients as allowing Him to make a preamble to his own propositions that the war made by Him was made in his own defence or the like might have been easily contrived and thought upon For the truth was the Independent party desired no Peace at all the Presbyterian desired it only to get into their hands the Kings Power Authority lay the guilt of all the blood they had shed for it upon Him both of them were so well content to have Him allow of the preamble as the latter thought himself safe and out of controversie if the King took the blood upon Him and the former that it would prove no small advantage or colour to