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A44227 Vindiciæ Carolinæ, or, A defence of Eikon basilikē, the portraicture of His Sacred Majesty in his solitudes and sufferings in reply to a book intituled Eikonoklastes, written by Mr. Milton, and lately re-printed at Amsterdam. Hollingworth, Richard, 1639?-1701.; Wilson, John, 1626-1696. 1692 (1692) Wing H2505; ESTC R13578 84,704 160

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about Six Thousand tumultuously flock to Westminster crying Justice Justice against the Earl of Strafford Which within a day or two they second with a Petition On which the Earl less valuing his Life than the quiet of the Kingdom writes a Letter to the King whereby to set his Conscience at Liberty and by his own Consent prays him to pass the Bill which in a few days after was by Commission to the Earl of Arundel and three other Lords accordingly done with this Proviso That no Judge or Judges c. shall adjudge or interpret any act or thing to be Treason nor hear or determine any Treason any other way than they should or ought to have done before the making of this Act and as if this Act had never been had or made A modest Confession and that nothing but an Act of Parliament could affect him Nor unlike that Clause in an Ordinance of the King and Lords for the Banishment c. of the Lady Alice Pierce a Favourite of King Edward the Third's viz. That this Ordinance in this Special Case Mr. Seld●n's Privilege of Baronage 71 which may extend to a Thousand other Persons shall in no other case but this be taken in Example However after the Bill was pass'd the King as deeming They will reverence my Son wrote a Letter to the House of Lords with his own Hand and sent it by the Prince of Wales in which he interceeds for that Mercy to the Earl which many Kings would not have scrupled to have given themselves But 't was resolv'd and nothing would do And thus between Accumulative and Constructive Treason nor better prov'd than I have shewn before Sic inclinavit heros caput Taken from Mr. Cleveland Belluae multorum Capitum Merces favoris Scottici praeter pecunias Nec vicit tamen Anglia sed oppressit Or if my Reader had rather have it in English take it from that happy Flight of Sir Richard Fanshaw on that Occasion And so fell Rome herself oppress'd at length By the united World and her own Strength And yet not to leave his Memory in the Dust there is an Act of Parliament that vindicates all I have said in the matter and that is The Act for reversing this Attainder 13 14. Car. 2. c. 29. which says thus That the Bill of Attainder was purposely made to Condemn him upon Accumulative and Constructive Treason none of the said Treasons being Treason apart and so could not be in the whole if they had been prov'd as they were not And the Act further says It was procured by an armed Tumult the names of Fifty nine of the Commons that opposed the Bill posted by the name of Straffordians and sent up to the Peers at a time when a great part of them were absent by reason of those Tumults and many of those present protested against it For which Causes and to the end that Right be done to the Memory of that deceased Earl it was enacted c. That the said Act c. be repeal'd c. And all Records and proceedings of Parliament relating to the said Attainder be cancell'd and taken off the File c. to the intent the same may not be visible in after-Ages or brought in Example to the prejudice of any Person whatever Provided that this Act shall not extend to the future questioning of any Person c. however concern'd in this Business or who had any hand in the Tumults or disorderly procuring the Act aforesaid c. A shrewd suspicion that they thought that Act of Attainder was not so regularly obtain'd as it ought to have been for if it had what needed that Proviso And having duely considered this Act I think the Wonder will cease why the King was so dissatisfied in his Conscience touching the giving his Assent to that Bill of Attainder His Speech on the Scaffold or that the Lord Capel so publickly begg'd forgiveness of God for having given his Consent toward it At least I presume it may startle any Man that from such repeated Calumnies has not yet come to be of our Answerer's Opinion That there may be a Treason against the Commonwealth as well as against the King only A Treason not mention'd in 25 Edw. 3. or in any Statute since saving those of the late Usurper's making inasmuch as no Estate or Estates of the Realm make any thing of themselves but as joyned to their Figure the King And therefore passing the King 's most detested Conspiracy as he calls it against the Parliament and Kingdom by seizing the Tower of London bringing the English Army out of the North c. I leave him and his Stuff together and come to the Third CHAP. III. Vpon His going to the House of Commons I Said ere-while His Majesty might think the Lords would reverence his Son nor was in to be doubted whether the Commons would himself Especially considering the business he went about It was faith the King to demand Justice upon the Five Members whom upon just motives and pregnant grounds I had charged and needed nothing to such Evidence as could have been produced against them save only a free and legal Tryal which was all I desired Which fill'd indifferent Men with Jealousies and Fears yea and many of my Friends resented as a motion rising rather from Passion than Reason See says our Answerer He confesses it to ●an act which most Men whom he calls his Enemies cried shame upon indifferent Men c. as before He himself in one of his Answers to both Houses made profession to be convinc'd that it was a plain breach of their Privilege Yet here like a rott● Building newly trimm'd over he represents it speciously and fraudulently to impose upon the simple Reader c. Words insolent enough without adding the rest though it had not been from his Matter if he had told that simple Reader in which Answer of his Majesties he might have found that Profession However for the discovery of the Truth on both sides it may not be amiss to make a few steps backward that considering the occasion we may the better judge of the thing It had been advis'd to the King by the then Privy-Council of Scotland to send the Book of Common-Prayer to be receiv'd and us'd in all Churches of that Kingdom The King's Declaration 1639. which was accordingly order'd And in the Month of July 1637. publickly read in the great Church of Edinburgh The Kirkmen took fire at it nor wanted there some in England to fan the Flame which in a short time got that head that they invade England but finding the design not ripe enough yet they humbly submit and the business is smother'd Whereas had those smoaking Brands been sufficiently quench'd they had not made a greater Eruption the next Year During this time the King had gotten into the matter and calls this Parliament with a real intention of quieting all They begin where the last Parliament
rebuke them sharply from one of themselves even a Prophet of their own In a word true Morals and good Thoughts lose nothing of their Innate Excellence from whencesoever they are handed to us The Devil had not been the Enemy but Friend of Mankind if he had spoke no worse in Paradise than he did at Delphos viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Know thy self And therefore admitting the Accusation were true where lies the Scandal Nor will he have done while there 's a drop yet left The King says He call'd this Parliament with an upright Intention to the Glory of God and his People's good Our Answerer makes this of it That there be some whom God hath given over to Delusion whose very Mind and Conscience is defil'd of whom St. Paul to Titus makes mention To which I say there is not any one such Expression in the whole Epistle but others there are whom he calls Evil Beasts Slow-bellies and Lions With which I leave him and proceed to the second Section CHAP. II. Vpon the Earl of Strafford's Death I Looked upon my Lord of Strafford saith His Majesty as a Gentleman whose great Abilities might make a Prince rather afraid than asham'd to employ him in the greatest affairs of State Yes saith our Answerer He was a Man whom all Men look'd upon as one of the boldest and most impetuous Instruments that the King had to advance any violent or illegal design He had rul'd Ireland and some Parts of England in an Arbitrary manner Had endeavour'd to subvert Fundamental Laws and Parliaments To make Hostility between England and Scotland And Counselled the King to call over that Irish Army of Papists to reduce England For which and many other Crimes alledged and proved against him i● twenty eight Articles he was Condemned of High Treason by the Parliament The Commons by the far greater number Cast him The Lords likewis● agreed to the Sentence and the People cry'd out fo● Justice c. Only the King saith he was not satisfied in his Conscience to Condemn him of High Treason In reply to which I think he might mor● truly have said not prov'd but alledg'd as I shal● come to shew presently That he was onc● the Darling of the Commons His Tryal of Tho. Earl of Strafford Fol. 763. to 769. we have several Instances of it in Mr. Rushworth But alas the King had made him Lord Deputy of Ireland and the heighth of that Sphere contracted Envy in the Great Ones and an Odium in the People nor is it every one that can say n●●pluribus impar Though during that his Government he improv'd the Revenue of that Kingdom which before his time had been rather 〈◊〉 Charge than Advantage to this and procur'd of the King that all Impropriations then in th● Crown be restor'd to the Church of that Nation and supplied it with Learned Men out o● England upon the Scottish Invasion in 1639 he counsell'd the King 't is true to fight them out Vox Reipub honesta sibi anceps as Taci●● of Galba on the like Occasion for the Scotc● Commissioners not long after preferr'd that Charge in Parliament against him before-mention'd And then for the Irish Army of Papists c. that brings me naturally to the Article themselves which were as is said Twent● Eight in number Some of which were for matters of Fourteen Years standing some of them as the First Seventeenth Eighteenth not insisted on and others as the Fourteenth Twen●y first Twenty Second Twenty Fourth not ●rg'd Dr. Nalson's impartial Collect Part 2. Fol. 8. And to disable him of the Testimony and Assistance of Sir George Ratcliffe his quondam Secretary and now Friend he also was charged with High-Treason and Confederacy with him and sent for out of Ireland The Earl had now been under five Months Imprisonment when the 22d of March 1640. he was brought to his Tryal which held till the 13th of April following and in which he defended himself so well that since there was neither Matter nor Proof enough against him to take off his Head by the Common-Law it was resolv'd a Bill of Attainder should The pinching Article against him was the Twenty third and is the main Particular mention'd in the said Bill viz. That he advis'd the King that he was loose and absolv'd from the Rule of Government and that he had an Army in Ireland by which he might reduce this Kingdom A shrewd Article no doubt and sufficiently evidences their Crime that without the King's Consent afterwards brought the Scots into England But let us see how this was proved There had been an old grudge between Sir Henry Vane the Father Secretary to the King and my Lord of Strafford touching the Title of Baron of the Castle of Raby of which Vane was Proprietor and endeavour'd the Honour to himself notwithstanding which the King had given it to the Earl of Strafford And is so happen'd that the said Sir Henry having a sudden occasion to make use of a Paper gave his Son young Sir Henry Vane the Key of his Cabine● where lay another Key which open'd a Til●● in which he found some short Notes of a Committee of eight of the Privy-Council of whic● the said Earl was one upon this Question Wh●ther the War with Scotland should be offensive or defensive In which there were Words 〈◊〉 spoken by the said Earl somewhat to that pu●pose but still relative to the War with Sco●land However young Sir Henry carries it 〈◊〉 the Lords and makes it an Article of the Additional Charge against him which upon fu●● Evidence of such of the said eight as were no● in Prison terminated in this The Earl o● Northumberland being interrogated touchin● these Words absolutely denied that ever h● heard the said Earl speak them Mr. Treasurer Sir H. V. shuffled in his Evidenc● forward and backward The Tryal Fol. 563. and at last said h● thinks they were spoken positively or to tha● effect And a shrewd Evidence for the proof of a Bond The Lord Treasurer declar'd that he never heard the said Earl speak th●● said Words or any thing like it The Lord Cottington to the same purpose and think● the Earl might say The Parliament had no● provided for the King and that the King ought to seek out all due and lawful ways to employ his Power and Authority Caste Candide which Words he very well remembers The Marquess Hamilton that he hath often heard the said Earl use those last Words to the King for otherwise said the Earl it were unjust and oppressive And to the same purpose the Lord Goring ●ll Nelson Fol. 87. and Sir Thomas German in behalf of the said Earl However die he must and to that end a Bill of Attainder was prepar'd by both Houses to which the King May the first in the House of Lords the Commons then present declar'd That in his Conscience he could not condemn him of Treason On which a City armed Rabble of
o● which that Parliament was dissolv'd by Commission Whereas this Accuser would pe●swade the World that the King broke off th● Parliament for no other cause than to prote●● the Duke against them who had accused him 〈◊〉 no less than the poisoning his Father And tr●ly I was once wondring why he said nothing touching the Parliament of the third of King Charles till I considered it was in that Parliament that the King past the Petition of Right with Soit Droit sait come il est desire He found it was not for him and therefore resolv'd i● should make nothing against him When o●● the contrary he reproaches the King with illegal Actions to get Money least considering i● was the Art of that time to reduce the King to Necessity to the end that being forced to extraordinary means he might attract a popular Odium And here also he quarrels at Straws and rather than not want matter he 'll find a Knot in a Bullrush For what other can he make of those Compulsive Knighthoods Milt p. 2. when the King had the Statute of 1 Edw. 2. De militibus to warrant it In like manner for the Ship-money The Dutch in the Year 1634. had encroach'd upon the Royalty of the Northern Seas upon which the King so loath was He to do any thing that might but seem illegal writes to the Judges and demands their Opinions in Writing whether when the good or safety of the Kingdom in general is concern'd the King may not by Writ under the Great Seal command all His Subjects of this Kingdom to furnish a certain number of Ships and Men for such time as the King shall think fit and by Law compel the doing it in case of refusal And whether in such a case he is not the sole Judge both of the danger of the Kingdom and when and how the same is to be prevented and avoided V. The case and all the Arguments on both sides Printed in 4 to As also in the said Annals from p. 550. to p. 600. To which every one of the twelve Judges repeating the very Words of the King's Letter subscribed their names in the Affirmative And though J. Hutton and J. Crooke afterwards fell off yet upon arguing the matter by all the Judges in the Exchequer-Chamber in the Case of Mr. Hambden the majority of them gave their Opinions for the Writs on which the Barons gave Judgment Then for Monopolies every thing is not a Monopoly that may be call'd so and therefore because he gives no particular instance either as to them or the King 's seizing Naboth's Vineyard as he calls it Inheritances under the pretence of Forest and Crown-Lands and Corruption and Bribery compounded for I say no more but this that Generals imply nothing and consequently deserve no particular Answer But this I know that in the Parliament of 44 o● Queen Elizabeth a Bill was preferr'd for Explanation of the Common Law in certain cases of Letters Patents V. Sir Simon D'ewe's Journal of the Commons 44. Eliz. viz. touching Monopolies and was strongly bandied on both sides O● this the Queen sends them a Message That a she was not conscious to herself she had granted Letters Patents of any thing that was Malu● in se V. Townsend ' s C●llections 44. Eliz. so when it should appear that she had made any such Grant it should be revok'd or otherwise redressed on which the Common make her an humble Address of Thanks and a Grant of Subsidies and yet I do not find the Queen ever did any thing in it But what the King did as to the Grievances for that was the Word I shall come to shew presently The next thing he trumps up is The King'● having the second time levied an injurious War against his Native Country Milt p. 3. Scotland a Wa● saith he condemned and abominated by the whol● Kingdom and which the Parliament judged one o● their main Grievances Nor without reason for that was a cover'd Dish and had been long before cooking for their own Tooth They knew it would keep cold for another time and the King was not yet become necessitous enough to have it opened at present But to observe the wording it The King levied an unjust War c. As if a King might not defend himself against the Rebellion of his natural Lieges For such and no other was the case here But the Story is thus The King in the Sixteenth of his Reign had call'd another Parliament which opened 13. April 1640. at which time the Scots with an armed Force lay upon the Borders His Majesty by Sir J. Finch Lord Keeper tells them of the Scots Insurrection the Summer before V. Rushw Coll. 16. Car. 1. which he had pass'd by upon their Protestations of their future Loyalty instead of which they had now address'd to the King of France to put themselves under his Protection and causes an intercepted Letter of theirs signed by the heads of those Covenanters one of whom was then in Custody to be publickly read and therefore demands a Supply The Commons consider of it and pay it with complaints Innovation in Religion Grievances against Liberty Property and Privilege of Parliament The King sends several times to the Houses and presses to them the danger of the Scots Army but the question is which shall have the Precedency The Supply or Grievances The Lords are for the former and that the King ought to be first trusted The Commons are so long a tuning their Instrument that the King in despair of any good Musick from 'em dissolves them the Fifth of May following From which our Accuser thus infers that strong Necessities and the very pangs of State Milt p. 3. not his own Choice and Inclination made him call this Monstrum Horrendum Informe Ingens last Parliament which began the third of November 1640. when yet he brings nothing to back his Assertion but the scurrillous Language of the General Voice of the People almost hissing him and his ill-acted Regality off the Stage That it was impossible be should incline to Parliaments who never was perceived to call them but for the greedy hope of a National Bribe his Subsidies and never lov'd fulfill'd or promoted the true end of Parliaments the redress of Grievances of which himself was indeed the Author Not doubting also to call it a natural Sottishness fit to be abused and ridden And if this be the Reverence due to Majesty this the Respect we pay the Vicegerent of God sure Job was mistaken when he says Is it fit to say to a King Thou art Wicked and to Princes Job 34.18 Ye are ungodly The interrogation is in the Affirmative and concludes in the Negative No certainly it is not fit St. Paul checks a bare slip of his Tongue toward the High Priest Acts 25.5 Jude v. 9. Zach. 3.2 and the Arch-Angel in Jude brought not a railing Accusation even against the Devil And yet when
That the Lord High-Steward of England Lord High-Constable Lord Chancellor Nine other Principal Officers the Two Chief Justices and Chief Baron be always chosen with the Approbation of Both Houses and in the Intervals of Parliament by the Major Part of the Council The same may be said to this as to the First with this farther that though the like had been often attempted it never continued longer than the Rebellion that set it on foot 4. That the Government of the King's Children be committed to such as Both Houses shall approve of and in the Intervals of Parliament by the Privy Council And the Servants then about them against whom the Houses have just Exception to be removed This had been to abridge the King of that Privilege which the meanest of Subjects has in his Family nor had themselves yet try'd it in theirs 5. That no Marriage for any of them be treated or concluded without Consent of Parliament The same also here as to the Fourth 6. That the Law in Force against Jesuits Priests and Popish Recusants be strictly put is Execution And where had the King ever refused it 7. That the Votes of Popish Lords in the House of Peers be taken away This had been to take away their Birth-right a Right as ancient as any thing but the Monarchy it self 8. The the King will be pleased to reform the Church-Government and Liturgy as both Houses shall advise This had been already settled by several Acts of Parliament 9. That he would rest satisfied with what they have done for ordering the Militia and recall his Declarations and Proclamations against it This confesses an Usurpation upon the King 's Right and in that who began the War For if it were not so what need was there for the King to recall his Declarations c. when in doing it he had made himself Guilty of the War and all the Blood therein spill'd 10. That such Members as have been put out of any Place or Office since this Parliament began be restored or have Satisfaction But how does this agree with the Self-denying 11. That all Privy Counsellors and Judges take an Oath to be settled by Act of Parliament for the Maintenance of the Petition of Right and certain Statutes made by them The Judges are ex Officio oblig'd to take notice of a General Act of Parliament and such the Petition of Right is but who knew what those Acts of this Parliament might be 12. That all Judges and Officers plac'd by Approbation of the Houses may hold their Places quamdiu se bene gesserint To the intent that if any Confiding Person how Ignorant or Factious soever had been approv'd by them it should not be in the King's Power to remove him without a Sute at Law in which themselves or their Creatures were sure to be Judges 13. That all Delinquents whether within the Kingdom or fled out of it and all Persons cited by either House may appear and abide the Censure of Parliament That is all such Persons as upon an innate Honour according to their Duty and the Statute of the 11th of Henry VII had stood firm and Loyal to the King against their Usurpation 14. That the General Pardon offered by his Majesty be granted with such Exceptions as shall be advised by Both Houses But who knew what those Exceptions might be Saving this that they intended them not to any of themselves A thing that carried Rancour and Venom in it and which was his Majesty's whole drift to take off 15. That all Forts and Castles be put into such Hands as the King with Approbation of Both Houses shall appoint That is to keep them in their own Hands as they were when yet the Undoubted Right was the King's and the Grant of it had given away the Sovereignty An old Trick which together with the Three first Propositions they borrow'd from Montfort's Rebellion in Henry III.'s Time 16. That the King 's Extraordinary Guards 〈◊〉 discharg'd and none rais'd for the Future but according to Law in Case of actual Rebellion and Invasion Like the Wolves in the Fable that would come to no Terms with the Sheep unless they first discharg'd their Dogs Whereas his Majesty had not rais'd those Guards but according to Law in the Case of an actual Rebellion a● Home and a then threatning Invasion from the Scots 17. That his Majesty enter into a more strict Alliance with the Vnited Provinces and other Neighbour Protestant Princes and States The King is the only Supream Arbiter of Peace and War and what honourable Alliance with any of them had he ever refus'd 18. That his Majesty be pleased by Act of Parliament to clear the Lord Kimbolton and the Five Members If they were Guilty why should they be less brought to Tryal than were Canterbury and Strafford And if they were Innocent what need of an Act of Parliament to clear them 19. That a Bill be passed for restraining Pears made hereafter from sitting or voting in Parliament unless they be admitted with Consent of Both Houses The King is the Fountain of Honour and to have granted this Article had been if not to damm up that Fountain to turn it into another Channel Nor could the King have done it without a manifest Contradiction to himself I have blessed him said Isaac and he shall be blessed Such were these Propositions this at Least the true Substance of them which if his Majesty had conceded to what other were it than as himself says of it As if Sampson should have consented not only to bind his own Hands and cut off his Hair but to put out his own Eyes that the Philistines might with the more Safety Mock and Abuse him He had rendred himself not a half Duke of Venice nor much better than that Inutile lignum of which Horace speaks who Serm. l. 1. Sat. 8. tho' he were God of the Gardens could not keep a Crow from muting upon his Head Nor ought they says his Majesty to have been obtruded upon him with the Point of a Sword nor urg'd with the Injuries of a War To which our Answerer in his bold Way And which of the Propositions were obtruded upon him with the Point of the Sword till he first with the Point of the Sword thrust from him both the Propositions and the Propounders Which how egregiously and scandalously False it is let any Man judge Rush 2. part 307. when these Propositions were not sent the King till the Second of June 1642. Five Months before which they had not only forced him from Whitehall but disposed of the Militia as appears by the Ninth Proposition where they pray the King that he would rest satisfied with what they ordered in it As resolv'd it seems that Will or Nill he should And thence he runs off again to the Coronation Oath and That the Parliament is the King 's Superiour Chap. 6 Touching which I have said so much already and not from any