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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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War against the Personal commands of the King though accompanied with His presence is not a levying of War against the King but a levying War against His Laws and Authority which they have power to declare is levying of War against the King Treason cannot be committed against His Person otherwise then as He was intrusted They have power to judge whether He discharge His trust or not that if they should follow the highest precedents of other Parliaments paterns there would be no cause to complain of want of modesty or duty in them and that it belonged onely to them to Judge of the Law r 27 of May The King by His Proclamation forbids all His Subjects and Trained bands of the Kingdom to Rise March or Muster But the Parliament on the same day Commanded all Sheriffs Justices of Peace Constables within one hundred and fifty miles of York to seize and make stay of all Arms and Ammunition going thither And Declaring the said Proclamation to be void in Law s command all men to Rise Muster and March and not to Muster or March by any other Authority or Commission and the Sheriffs of all Counties the morrow after commanded with the posse Comitatus to suppresse any of the Kings Subjects that should be drawn thither by His command secure and seize upon the Magazines of the Counties protected all that were Delinquents against Him make all to be Delinquents that attended him and put out of the House of Peers nine Lords at once for obeying the Kings summons and going to Him t 3. June 1642. The King summoning the Ministery Gentry and Free-holders of the County of York declared to them the reasons of providing himself a guard and u that he had no intention to make a War and the morrow after forbad the Lord Willough by of Parham to Muster and Trayn the County of Lincoln who under colour of an Ordinance of Parliament for the Militia had begun to do it x 10 June 1642. The Parliament by a Declaration signifying That the King intended to make a War against His Parliament invited the Citizens of London and all others well affected as they pleased to miscall them within 80 miles of the City to bring money or plate into the Guild Hall London and to subscribe for Men Horses and Arms to maintain the Protestant Religion the Kings Person and Authority free course of Justice Laws of the Land and priviledges of Parliament and the morrow after send 19. propositions to the King That the great affairs of the Kingdom and Militia may be managed by consent and approbation of Parliament all the great officers of Estate Privy Councel Ambassadors and Ministers of State and Judges be chosen by them that the Government Education and Marriage of the Kings Children be by their consent and approbation and all the Forts and Castles of the Kingdom put under the Command and Custody of such as they should approve of and that no Peers to be made hereafter should sit or vote in Parliament without the consent of Parliament y with several other demands which if the King should have granted would at once in effect not only have undone and put His Subjects out of His protection but have deposed both himself and his posterity and then they would proceed to regulate His Revenue and deliver up the Town of Hull into such hands as the King by consent and approbation of Parliament should appoint But the King having the same day before those goodly demands came to his hands being a greater breach of His Royal Priviledges then His demanding of the five Members and Kimbolton if it had not been Lawful for him so to do could be of theirs z granted a Commission of array for the County of Lecester to the Earl of Huntington and by a letter sent along with it directed it for the present onely to Muster and Array the Trained bands a And 13. June 1642. Declared to the Lords attending Him at York That He would not engage them in any War against the Parliament unless it were for His necessary defence whereupon the Lord keeper Littleton who a little before had either been affrighted or seduced by the Parliament to vote their new Militia The Duke of Richmond Marquis Hartford Earl of Salisbury Lord Gray of Ruthen now Earl of Kent and divers Earls and Barons engaged not to obey any Order or Ordinance concerning the Militia which had not the Royal assent to it 14 June 1642. Being informed b That the Parliament endeavoured to borrow great sums of money of the City of London and that there was great labour used to perswade His Subjects to furnish horse and money upon pretence of providing a guard for the Parliament By His Letter to the Lord Mayor Aldermen and Sheriffs of London disavowing any purpose of making a War declared That He had not the least thought of raising or using of forces unless He should be compelled to do it for His own defence forbiddeth therefore the lending of money or raising of horses Within two days after the Lord Keeper Duke of Richmond Marquis Hartford Earl of Salisbury Lord Gray of Ruthen with 17 Earls and 14. Barons the Lord Chief-Justice Bancks and sundry others of eminent quality and reputation attest His Majesties Declaration and profession that He had no intention to make a War but abhorred it and c That they perceived no Councels or preparations tending to any such design and send it with His Majesties Declaration to the Parliament In the mean time the Committee of Parliament appointed to make the propositions to the City of London for the raising of horse viz. 15 June 1642. Made report to the House of Commons That the Citizens did very cheerfully accept the same there being for indeed there had been some design and resolution a year before concerning the melting of plate to raise monies already great store of plate and monies brought into Guild-Hall for that purpose and an Ordinance of Parliament was made for the Earl of Warwick to be Lord Admiral and keep the Navy though the King had commanded him upon pain of Treason to deliver up the Ships to Him And the Lord Brook sent down into Warwich-shire to settle the Militia 17 June 1642. A Committee of both Houses was appointed to go to the City of London to inquire what store of Horse Monies and Plate were already raised upon the Propositions 18 June 1642. The King by His Proclamation Disclaiming any intention to make War against His Parliament forbiddeth all levies of Forces without His Majesties expresse pleasure signified under His Great Seal And 20 June 1642. Informing all His Subjects by His Proclamation of the Lawfulness of His Commissions of Array d That besides many other Warrants and Authorities of the Law Judge Hutton and Judge Crooke in their arguments against the Ship-money agreed them to be Lawful and the Earl of Essex himself had in the
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-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
the Kings Seal since it was carried away by the Lord Keeper Littleton should be Null and of no force in the Law and that a new Seal should be provided The King therefore seeing what He must trust to 19. September 1642. being at Wellington in Shrop-shire in the head of such small forces and friends as He could get together for the Parliament that very day had received letters That the King but the week before having a muster at Nottingham there appeared but about 3000. foot and 2000. horse and 1500. dragoons and that a great part of His men were not provided with Arms made His protestation and promise as in the presence of x Almighty God and as He hoped for His blessing and protection to maintain to the utmost of His power the true Reformed Protestant Religion established in the Church of England and that He desired to govern by the known Laws of the Land and that the Liberty and property of the Subject should be preserved with the same care as His own just rights and to observe inviolably the Laws consented to by Him in this Parliament and promised as in the sight of Almighty God if He would please by His blessing upon that Army raised for His necessary defence to preserve Him from that Rebellion to maintain the just priviledges and freedom of Parliament and govern by the known Laws of the Land In the mean while if this time of War and the great necessity and straights He was driven to should be get any violation of them He hoped it would be imputed by God and man to the Authors of the War and not to Him who had so earnestly desired and laboured for the Peace of the Kingdom and preservation thereof and that when He should fail in any of those particulars He would expect no aid or relief from any man nor protection from Heaven And now that the stage of War seems to be made ready and the Parliament party being the better furnished had not seldom shewed themselves and made several traverses over it for indeed the King having so many necessities upon him and so out of power and provision for it might in that regard onely if He had not been so unwilling to have any hurt come to his people by his own defending of himself be backward and unwillingly drawn unto it we may do well to stand by and observe who cometh first to act upon it 22. of September 1642. The Earl of Essex writeth from Warwick that he was upon his march after the King and before the 6. of October following had written to the County of Warwick with all speed to raise their Trained bands and Voluntiers to resist his forces if they should come that way and to the three Counties of Northampton Leicester and Darby to gather head and resist him if he should retire into those parts and by all that can be judged of a matter of fact so truely and faithfully represented must needs be acknowledged to have great advantages of the King by the City and Tower of London Navy Shipping Armes Ammunition the Kings Magazines all the strong Towns of the Kingdom most of the Kingdoms plate and money the Parliaments credit and high esteem which at that time the people Idolized the fiery Zeal of a Seditious Clergy to preach the people into a Rebellion and the people head-long running into the witchcraft of it When the King on the other side had little more to help him then the Laws and Religion of the Land which at that time every man began to mis-construe and pull in pieces had neither ammunition ships places of strength nor money nor any of his party or followers after the Parliament had as it were proclaimed a War against Him could come single or in small numbers through any Town or Village but were either openly assaulted or secretly betrayed no man could adventure to serve or own him but must expose himself and his Estate to be ruined either by the Parliament or people or such as for malice or profit would inform against him All the gains and places of preferment were on the Parliaments part and nothing but losses and mis-fortunes on the Kings No man was afraid to go openly to the Parliaments side and no man durst openly so much as take acquaintance of his Soveraign but if he had done a quarter of that which Ziba did to David when he brought him the 200. loaves of bread or old Barzillai or Ittai the Gittise when he went along with him when his son Absalom rebelled against him They should never have escaped so well as they did but have been sure to be undone and sequestred for it So much of the affections of the people had the Parliament cousened and stoln from them so much profit and preferment had they to perswade it and so much power to enforce those that otherwise had not a minde to it to fight against him Who thus every way encompassed about with dangers and like a Partridge hunted upon the Mountains marcheth from Shrewsbury towards Banbury perswading and picking up what help and assistance His better sort of Subjects durst adventure to afford Him in the way to which On Sunday the 23. of October 1642. for they thought it better to rob God of his Sabbath then lose an opportunity of murdering their Soveraign The Earl of Essex and Parliament army powring in from all quarters of the kingdom upon him had at Edge-hill compassed Him in on all sides and before the King could put His men in battel Array many of whom being young country fellows had no better Arms then Clubs and Staves in their hands cut out of the hedges and put His two young Sons the Prince of Wales and the Duke of York in the guard of a troop of horse at the further end of the field and had finished a short prayer a bullet of the Earl of Essex's Canon grazed at His heels as He was kneeling at His prayers on the side of a bank for Blague a villain in the Kings Army having a great Pension allowed Him for it had given notice in what part of the field the King stood that they might the better know how to shoot at him But God having a greater care of his Anointed then of their Rebellious pretences so ordered the hands of those that fought for the King as the Earl of Essex was so loaden with Victories as he left five of His men for one of the Kings dead behinde him lost his babbage and Artillery retired back to Warwick and left the King to bless God in the field where He supped with such Victuals as the more Loyal and better natured neighbours sent him when the worser sort refused to do it and lying there all night sent warrants out the next day to the neighbour Parishes to bury the dead drew off His Ordinance and marched to Banbury and yet he could not forget to pity those which were at such pains and hazard the