it 1. March 1641. Petition for the Militia and tell him If he would not graunt 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 Earle of Northumberland Lord high-Admirall to Rig and send to Sea his Majesties Navie and notwithstanding that the King 4 March 1641 by his Letter directed to the Lord Keeper Littleton had signified that hee 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 had by Order of Parliament seized upon the Towne of Hull the only fortified place of strength in the Kingdom and made a Garison of it summoned and forced in many of the trayned Souldiers of the County of Yorke to help him to guard it And eighth of March 1641 Before the King could get to Yorke 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 goe in person to suppresse the Irish-Rebellion That was Voted to bee against the Law and an encouragement to the Rebells and they Declare that whosoever shall assist him in his Voyage thither should bee taken for an enemy to the Common-weale And 15 of March 1641. Resolved upon the Question That the severall Commissions granted under the great-Seale to the Lievetenants of the severall Counties were illegall 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 bee accounted a disturber of the Peace of the Kingdom Aprill 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 Towne denies him though hee had then no Order to doe it Notwithstanding all which the 28 of Aprill 1642. they Vote That what hee had done was in obedience to the commands of both Houses of Parliament and that the Kings proclaming him to bee a Traytor was a high breach of Priviledge of Parliament And Ordered All Sheriffs and Officers to assist their Committees sent down with those their Votes to Sir John Hotham In the meane time the Pulpits flame with seditious invectives against the King and incitements to Rebellion and the People running headlong into it had all manner of countenance and encouragement unto it but those Ministers that preached Obedience and sought to prevent it were sure to bee imprisoned and put out of their places for it Sir Henry Ludlow could bee heard to say in the house of Comons That the King was not worthy to Reigne in England And Henry Marten That the Kingly Office was forfeitable and the happinesse of the Kingdome 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 principall part of the Kings regality without which it was impossible either to bee a King or to governe and the Sword which God had given him and his Ancestors for more then a thousand yeeres together had enjoyed and none in the Barons wars nor any Rebellion of the Kingdome since the very being or essence of it durst ever heretofore presume to aske for must now be wrestled for and taken away from him The Commissions of Array being the old legall way by which the Kings of England had a power to raise and levie men for the defence of themselves and the Kingdome Voted to bee illegall The passage at Sea defended against him and his Navy kept from him by the Earle of Warwick whilest the King all this while contenting himselfe to bee meerely passive and only busying himselfe in giving answeres to some Parliament Messages and Declarations and to wooe 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 doe it unles they can make his demanding an entrance into Hull with about twenty of his Followers unarmed in his Company and undertaking to returne and leave the Governor in possession of it to be otherwise then it ought to be 5. Of May 1642. The King being informed That Sir John Hotham sent out warrants to Constables to raise the trayned bands of York-shire writes his letter to the Sheriffe of that County to forbid the Trayned bands and commands them to repaire to their dwelling houses 12. Of May 1642. Perceiving himselfe every where endangered and a most horrid Rebellion framing against him and Sir John Hotham so neere him at Hull as within a dayes journey of him moves the County of Yorke for a Troope of horse consisting of the prime gentry of that County and a Regiment of the trayned bands of foot to bee for a guard unto him and caused the Oath of Allegiance to be administred unto them But the Parliament thereupon Vote That it appeared the King seduced by wicked Councell 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 traytors by the fundamentall Lawes of the Kingdome The Earle of Essex Lord-Chamberlaine of the Kings houshold and all other of the Kings houshold Ser. ants forbid to go to him the Kings putting some of them out others in their places Voted to bee an injury to the Parliament Messengers were sent for the apprehending some Earles 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 bee a breach of priviledge and pursued with a warrant directed to all Mayors and Bayliffes to apprehend him Cause the Kings Rents and Revenues to bee brought in to them and forbid any to bee paid him Many of his Officers and Servants put out of their places for being Loyall unto him and those that were ill affected to him put in their Roomes and many of his owne Servants tempted and procured by rewards and maintenance to tarry with them and bee false and active against him The twenty sixt day of May 1642. a Declaration is sent to the King but printed and published before hee could receive it That Whatsoever they should Vote is not by Law to bee 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
unto him all Armies and Levies made by the Parliament laid downe the pretended Ordinance for the Militia disavowed and the Parliament adjourned to a secure place hee would lay downe Armes and repaire to them and desired all differences might bee freely debated in a Parliamentary way whereby the Law might recover its due reverence the Subject his just Libertie Parliaments their full vigour and estimation and the whole Kingdome a blessed Peace and Prosperity and requiring their answer by the 27. of that July promised till then not to make any attempt of force upon Hull had Armed their Generall with power against Him given him a Commission to kill and slay all that should oppose him in the execution of it and chosen their Generall of the Horse 8. August 1642. Upon information That some of the Towne of Portsmouth had revolted to Collonell Goring being but sent thither with a message from the King and Declared for His Majestie Order forces to bee sent thither spedily to beleaguer it by Land and the Earle of Warwick to send thither 5. Ships of the Navy to prevent any Forraigne forces comming to their assistance and upon Intelligence that the Earle of Northampton appeared with great strength at Banbury to hinder the Lord Brookes carrying the peeces of Ordinance to Warwick Ordered 5000 Horse and Foote to bee sent to assist Him 9. August 1642. Upon information That the Marquis of Hartford and divers others were in Somerset-shire demanding obedience to the Kings Commission of Array and to have the Magazine of the Countie to bee delivered unto them Gave power to the Earle of Essex their Lord Generall the Lord Brooke and others to apprehend the Marquis of Hartford and Earle of Northampton and their complices and to kill and slay all that should oppose them And the day following gave the Earle of Stamford a Commission to raise forces for the Suppressing of any should attempt for the King in Leicester-shire or the adjacent Counties And on the eleventh of August 1642. Upon the Kings Proclamation 2. dayes before Declaring the Earle of Essex and all that should adhere unto him in the levying of Forces and not come in and yeild to His Majestie within 6. dayes to be Traytors vote the said Proclamation to bee against the Fundamentall Lawes of the Kingdome Declare their resolutions to maintaine and assist the Earle of Essex and resolve to spend no more time in Declarations and Petitions but to endeavour by raising of Forces to suppresse the Kings Party Though all that the Kings Loyall Subjects did at that time for Him was but to execute the Commission of Array in the old legall way of the Militia and within a day or two after Ordered the Earle of Essex their Lord Generall to set forth with his Army of Horse upon the Monday following but not so much as an answer would bee afforded to the Kings message sent from Hull where whilst Hee with patience and hope forbore any action or attempt of force according to His promise Sir John Hotham sallied out in the night and murdered many of His fellow Subjects 12. August 1642. The King though hee might well understand the greate leavies of Men and Armes ready to march against Him by a declaration published to all His Subjects assures them as in the presence of God That all the Acts passed by him in this Parliament should bee as equally observed as those which most of all concerned his owne interest and rights and that his quarrell was not against the Parliament but particular men and therefore desired That the Lord Kimbolton Mr. Hollis Sir Henry Ludlow Sir Arthur Haslerig Mr. Strode Mr. Martin Mr. Hampden Alderman Pennington and Capt. Venne might bee delivered into the hands of Justice to bee tried by their Peeres according to the knowne Lawes of the Land and against the Earles of Essex Warwick Stamford Lord Brooke Sir John Hotham Major Generall Skippon and those who should exercise the Militia by vertue of the Ordinance hee would cause Indictments to bee drawne of high Treason upon the Statute of 25. Edw. 3. and if they submit to triall and plead the Ordinance would rest satisfied if they should bee acquited But when this produced as little effect as all other endeavours Hee had used for peace Hee that saw the Hydra in the mud and slyme of Sedition in its Embrio birth and growth and finds him now erected ready to devoure him must now though very unwilling to cast off His beloved robe of Peace forsake an abused patience and beleeve no more in the hopes of other remedies had so often deceived Him but if Hee will give any account to the Watch-man of Israel of the People committed to his Charge or to the People of his protection of them or any manner of satisfaction to his own Judgement and discretion betake Himselfe to the Sword which God had intrusted Him with and therfore makes the best use he could of those few friends were about Him and with the money which the Queen had not long before borrowed and the small supplies He had obtained of His Servants and Friends about Him who pawned and engaged their Plate Jewels and Lands for Him with those Lords and Gentlemen that willingly offered to beare Him Company in His Troubles provides what Men and Armes Hee could in His way towards Nottingham where Hee intended to set up His Standerd But the Parliament about the 23. of August 1642. having received some information that Hee intended to set up His Standard at Nottingham Declare That now it appeares to all the World that there is good ground of their feares and jealousies which if ever there had beene any as there was no cause at all of any more then that meaning to murder and ruine Him they were often afraid Hee should take notice of it and seeke to defend Himselfe there was by their own confession till this time no manifest or certaine ground appearing that Hee intended to defend Himselfe against the Parliament and therefore Order That all that shall suffer in their Estates by any forces raised by the King without consent of Parliament shall have full reparation of their damages out of the Estates of the actours and out of the Estates of all such Persons in any part of the Kingdome who should persist to serve the King in this Warre against the Parliament and That it should bee Lawfull for any number of persons to joyne and defend themselves and That the Earle of Essex their Generall should grant out Commissions for Levying and conducting forces into the Northerne parts And Sir John Hotham the Governour of Hull assist them and Command also the Sheriffes of the Countie of Yorke and the adjacent Counties with the Power of the Counties and Trayned-Bands to aide them and to seize upon all that shall execute the Commission of Array for His Majestie who thus sufficiently beset by those that intended what since they have brought to passe against Him 25
hee went out of the field sent Sir William Le-neve Clarenciâ—ux King of Armes to Warwick whither the Earle of Essex was fled with a Proclamation of pardon to all that would lay downe armes which though they scornefully received and the Herald threatned to bee hanged if hee did not depart the sooner cannot perswade him from sending a Declaration or Message to the Parliament to offer them all that could bee requested by Subjâ—cts but all the use they made of it was to make the Citty of London beleeve they were in greater danger then ever if they lent them not more moneyes and recruited the Earle of Essex his broken Army and to cosen and put the People on the more to seeke their owne misery a day of thanks giving was publiquely kept for the great Victory obtained against the Kâ—ng And Stephen Marshall a Factious bloody minister though hee confessed hee was so carried on in the crowde of those that fled from the battell as hee knew not where hee was till hee came to a Marâ—et Towne which was some miles from Edge-hill where the Battell was fought preaches to the people too little beleeving the Word of God and too much beleeving him That to his knowledge there was not above 200. men lost on the Parliaments side that hee picked up bullets in his black Velvet cap and that a very small supply would now serve to reduce the King and bring him to his Parliament And here yee may see Janus Temple wide open though the doores of it were not lift off the hinges or broken open at once but pickt open by those either knew not the misery of the War or knowing it will prove to be the more guilty promoters of it That we may the better therfore find out though the matter of Fact already represented may bee evidence enough of it selfe who it was that let cut the fury and rage of Warre upon us we shall consider CHAP. III. Whether a Prince or other Magistrate labouring to suppresse or punish a Rebellion of the People bee tyed to those rules are necessary for the justifying of a Warre if it were made betweene equalls VVArre was first brought in by necessitie where the determining of controversies betweene two strange Princes of Equâ—lâ— power could not bee had bâ—cause they have no superiour A Rebell therefore cannot properly bee called an enemy for Hostis nomen notat equalitatem and when any such armes are borne against Rebells it is not to bee called a Warre but an Exercise of Jurisdiction upon traterous and dis-loyall Persons at què est ratio manifesta saith Albericus Gentilis qui enim jure judex est superior non jure cogitur ad subeundas partes partis aequalis non est bellum cum latronibus praedonibus aut piratis quanquam magnâ—â— habeant excercitus provide nec ulla cum illis belli jura saith Besoldus The Romans who were so exact and curious in their publique denouncing of Warre and sending Ambassadors before they made Warre against any other Nation did not doe it in cases of Rebellion and defection and therefore Fidenatibus Campanis non denunciant Romani And Cicero that was of opinion that nullum bellum justum haberi videtur nisi nunciatum nisi indictum nisi repetitis rebus stood not upon those solemnities in the Cataline conspiracy for the rules of justifying a Warre against an enemy or equalls as demanding restitution denunciation and the like are not requisite in that of punishing of Rebells Pompey justifies the Warre maintayned by the Senate against Caesar not then their Soveraigne with neque enim vocari praelia justa decet c. Cicero did not think it convenient to send Ambassadors to Anthony nor intreat him by faire words but that it was meet to enforce him by armes to raise his siege from Mutina for hee said They had not to doe with Haniball an enemy to the Common-wealth but with a Rebellious Citizen The resisting of the Kings Authourity when the Sheriffe of a County goes with the posse Comitatus to execute it was never yet so much as called a Warre but Rebellion and Insurrection or Commotion were the best termes bestowed upon it such attempts are not called Warres but Robberies of which the Law taketh no other care of but to punish them The haste that all our Kings and Princes in England have made in suppressing Rebellions as that of the Barons Warres by Henry the 3. and his sending his sonne the Prince to besiege Warren Earle of Surrey in his Castle of Rygate for affronting the Kings Justices saying That hee would hold his Lands by the Sword That which Ri. 2. made to suppresse Wat. Tiler H. 6. Jack Cade H. 8. Ket and the Norfolk Rebells and Queene Eliz. to suppresse the Earles of Northnmberland and Westmerland may tell us that they understood it no otherwise then all the Kings and Magistrates of the World have ever practised it by the Lawes of England if Englishmen that are Traytors goe into France and confederate with Aliens or Frenchmen and come afterwards and make a Warre in England and bee taken prisoners the strangers may bee ransomed but not the English for they were the Kings Subjects and are to be reckoned as Traytors not strangers And the Parliaments owne advise to the King to suppresse the Irish Rebells that ploughed but with their owne Heyfer and pretended as they did to defend their Religion Lawes and Liberties and the opinion also of Mr. President Bradshaw as Sir John Owen called him in his late sentence given against the Earles of Cambridge Holland and Norwich Lord Capell and Sir John Owen whom hee mistakenly God and the Law knowes would make to bee the Subjects of their worser fellow Subjects may be enough to turne the question out of doores But lest all this should not bee thought sufficient to satisfie those can like nothing but what there is Scripture for wee shall a little turne over the leaves of that sacred Volume and see what is to bee found concerning this matter Moses who was the meekest Magistrate in the World and better acquainted with him that made the fifth Commandement then these that now pretend Revelations against it thought fit to suppresse the Rebellion of Corah Dathan and Abiram as soone as hee could and for no greater offence then a desire to bee coordinate with him procured them to be buried alive with all that appertained unto them When Absolom had Rebelled against his father David and it was told him That the hearts of the men of Israel were after him David a man after Gods owne heart without any Message of Peace or Declaration sent unto his deare sonne Absolom or offering halfe or any parte of his Kingdome to him sent three severall armies to pursue and give him battaile When Sheba the sonne of Bichri blew a Trumpet and said Wee have no part in David every man to his Tent ô Israel
Negative voyce The levying of Warre against the Personall commands of the King though accompanied with His presence is not a levying of Warre against the King but a levying Warre against His Lawes and Authority which they have Power to declare is levying of Warre against the King Treason cannot bee committed against his Person otherwise then as Hee was intrusted They have Power to judge whether hee discharge His trust or not that if they should follow the highest precedents of other Parliaments paternes there would bee no cause to complaine of want of modesty or duty in them and that it belonged only to them to Judge of the Law 27 of May The King by his Proclamation forbids all his Subjects and trayned bands of the Kingdome to Rise March or Muster But the Parliament on the same day Command all Sheriffs Justices of Peace and Constables within one hundred and fifty miles of Yorke to seize and make stay of all Armes and Amunition going thither And Declaring the said Proclamation to bee void in Law 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 Commitatus to suppresse any of the Kings Subjects that should bee drawne thither by his Command Secure and seize upon the Magazines of the Counties Protect all that are Delinquents against him make all to bee Delinquents that attend him and censure and put out of the house of Peeres nine Lords at once for obeying the Kings summons and going to him 3. June 1642. The King summoning the Ministery Gentry and Free-holders of the Countie of Yorke declared to them the reasons of providing himselfe a guard and that he had no intention to make a Warre and the morrow after forbad the Lord Willoughby of Parham to Muster and Trayne the Countie of Lincolne who under colour of an Ordinance of Parliament for the Militia had begun to doe it 1â— June 1642. The Parliament by a Declaration signifying That the King intended to make a War against his Parliament invited the Citizens of London all others well affected as they pleased to mis-call them within 80. miles of the City to bring money or plate into the Guild-Hall London and to subscribe for Men Horses and Army to maintaiâ—e the Protestant Religion the Kings Person and Authority â—ree course of Justice Lawes of the Land and priviledges of Parliament and the morrow after send 19. propositions to the King That the great affaires of the Kingdome and Militia may bee mannaged by consent and approbation of Parliament all the great officers of Estate Priâ—y Councell Ambassadors and Ministers of State and Judges bee chosen by them that the Grvernment Education and Marriage of the Kings Children bee by their consent and approbation and all the Forts and Castles of the Kingdome put under the Command and Custody of such as they should approve of and that no Peeres to bee made hereafter should sit or vote in Parliament without the consent of Parliament with severall 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 himselfe and his posteritie and then they would proceede to regulate his Revenue and deliver up the Towne 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 Royall Priviledges then his demanding of the 5. Members and Kimbolton if it had not beene Lawfull for him so to doe could be of theirs granted a Commission of array for the Countie of Lecester to the Earl of Huntington and by a letter sent along with it directed it for the present only to Muster and Array the Trayned-Bands And 13. June 1642. Declared to the Lords attending Him at York That Hee would not engage them in any Warre against the Parliament unlesse it were for his necessary defence wherupon the L. keeper Litleton who a little before had either beene affrighted or seduced by the Parliament to vote their new Militia The Duke of Richmond Marquis Hartford Earle of Salsbury Lord Gray of Ruthen now Earle of Kent and divers Earles and Barrons engaged not to obey any Order or Ordinance concerning the Militia had not the Royall assent to it And fourteenth of June 1642. Being informed That the Parliament endeavored to borrow great summes 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 Sheriffes of London disavowing any purpose of making a Warre declared That He had not the least thought of raising or using of forces unlesse Hee should bee compelled to doe it for His owne defence and forbiddeth therefore the lending of money or raising of horses And within two dayes after the Lord Keeper Duke of Richmond Marquis Hartford Earle of Salisbury Lord Gray of Ruthen with 17 Earles and 14. Barons the Lord Chiefe-Justice Bancks and sundrie others of eminent qualitie and reputation attest His Majesties Declaration and profession that Hee had no intention to make a Warre but abhorred it and That they perceived no Councells or preparations tending to any such designe and send it with His Majesties Declaration to the Parliament In the meane time the Committee of Parliament appointed to make the propositions to the Cittie of London for the raising of Horse vizt. 15. June 1642. Made report to the house of Commons That the Citizens did very cheerfully accept the same there being for indeede there had beene some designe and Resolution a yeare 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 Earle of Warwick to bee Lord Admirall and keepe the Navy though the King had commanded him upon payne of Treason to deliver up the Ships to Him And the Lord Brooke sent downe into Warwick-shire to settle the Militia 17. June 1642. A Committee of both Houses was appointed to goe to the Citie of London to enquire 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 Warre against His Parliament forbiddeth all levies of Forces without His Majesties expresse pleasure signified under His Great-Seale And 20. June 1642. Informing all His Subjects by His Proclamation of the Lawfullnesse of His Commissions of Array 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 Lawfull and the Earle of Essex himselfe had
for want of the sustenance they had taken from them Husbandmen had their corne and hay spoiled in the field and the barne their sheep cattel and provisions devoured houses ruined or burnt and their horses thay should help to plough and doe other workes of Husbandry taken away in so much as some were inforced to blinde and put out their horses eyes that they might not bee taken from them Churches that escaped defacing prophaned and made Stables or Goales or Victualing or Bawdy houses Monuments defaced and Sepulchers opened as were those of the Saxon Kings at Winchester and the Priests and Ministers not so much as sustered to weepe betwixt the Porch and the Altar but their benefices and livelyhood taken from them by Wolues put in the Shephards places had their bookes burned and all their meanes and maintenance plundred from them and those that were newtralls and medled on neither side but lived as quietly as they could either totally undone or cast in prison not for that they did them any hurt but because they might doe it and if they were not imprisoned their Lands money or goods were sure to bee in the fault and taken away from them Vt bellum illaesa conscientia geratur necesse est ut adsâ—t intentio bona there ought to bee a good intention to make the Warre conscionable which in this appeares to faile also For the Charge against the five Members is now as true as it was then they meant to ruine the King and they have don it and to alter the Government subvert the Religion Lawes and Liberties of the Kingdom and they have don a great part of it and as fast as they can are pulling down the remainder Quaerere debemus victoriam rationibus honestis ne salutem quidem turpibus Wee ought to pursue victory and the just ends of Warre by honest and Lawfull meanes and not to doe foule and dishonest things to procure our safety from the latter of which the made feares and jealousies which the Parliament made use of to usher in their pretences their fayning of victories and scandaling the King and his actions not to insist upon their buying the Kings servants and secrets Battells Townes and Garrisons and making too many Judases of all that were about him will hardly bee able to free them or if they could the making use of men and money intended for the support of Ireland and leaving them wallowing in their blood for seven years together whilest they were ruining their King that would have helped them violating of their oathes of allegiance and Supremacy which many of their members had taken six or seaven times over breaking their oathes taken in their protestation and Nationall Covenant and not so few as 100 solemne promises and undertakings in their severall Petitions Remonstrances and Declarations forcing the People to take the Protestation and Covenant and compell them as soone as they had taken it to breake them and by cosening and forcing them into Rebellions and perjuries cheate them out of their Religion Loyaltie Lawes and Liberties will without very good advocates bee sure enough to condemne them and if the great Turke carrying the Covenant which Ladislaus the unfortunate King of Hungary was perswaded to breake with him as an ensigne of publique detestation in the bettell wherein hee slew him invoked the God of the Christians to help him to revenge so grrat a treachery there will bee more reason now for all that are but Christians or but pretende to any morality to carry in their banner the pourtract of the Kings bleeding head as it was cut from his shoulders and make Warre in revenge of the maisterpiecee and totum aggregatum of all manner of wickednesle and perfidiousnesse who besides all their owne and the Peoples oaths taken to defend him when those they called Delinquents some few onely which were specially named and excepted for obeying the knowne Lawes of the Land as well as their oaths and Consciences were never questioned for their lives but suffered to compound for their estates would not suffer the King that was neither a Delinquent or Excepted Person to enjoy either his Life or Estate though to save his people and keepe them from killing one another hee yeilded himselfe and became a Prisoner upon the publique faith of the Kingdomes of England and Scotland Paxaequa non est recusanda Licet victoriae spes adsit saith Besoldus A good or fitting Peace is not to bee refused though the victory were certaine And in this also the Parliament will bee as farre to seeke for a justification as in the other For instead of offering any thing which was likely to bring it they caused men and women in the first yeare of their Warre to bee killed because they did but petition them to accept of a Peace and in the third and fourth yeare of their War plundred robbed others that petitioned them but to hearken to it and put out of office and made all as Delinquents in the seventh yeare of their War that did but petition them for a Treaty with the King and refused all the Kings many very many Messages for Peace not only when hee was at the highest of his successe in the war but when hee was at the lowest and a Prisoner to them and conjured them as they would answer at the dreadfull day of Judgement to pitty the bleeding conditions of his Kingdomes and People and send propositions of Peace unto him quarters and halfe yeares and more then a whole yeare together after the battell of Naseby insomuch as their fellow Rebells the Scotch Commissioners did heavily complaine of it were at severall times trifled away and spent before any propositions could bee made ready though those which they sent to Oxford Vxbridge Newcastle and Hampton-Court were but substantially and materially the same with their nineteâ—ne Propositions which they made unto the King before the Earle of Essex was made their Generall and in all the Treaties made Propositions for themselves and the Soveraignty and great offices and places of the Kingdome but would neither for Gods sake or their Kings sake or their Oathes or Consciences sake or the Peoples sake or Peace sake which the People petitioned and hungred and thirsted for alter or abate one Ioâ—a or tâ—ttle of them but were so unwilling to have any peace at all as 6 or 7 Messengers or Trumpeters could com from the King before they could be at leisure or so mannerly as to answer one of them but this or that Message from the King was received and read and laid by till a weeke or when they would after and the Kings Commissioners in the Treaties must forget their due titles of Earles Lords or Knights because the King had made them so since the beginning of the Warre or else must bee neither Treaty nor Peace there At Vxbridge the time of the Treaty limited for 20. dayes and at Newcastle for 10. and though the King
in the beginning of this Parliament accepted of one for the Countie of Yorke Gave His People to understand That Hee had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for and secure them in a legall way lest under a pretence of danger and want of Authority from His Majestie to put them into a Military postuâ—e they should bee drawne and engaged in any opposition against Him or His Just Authority But 21. June 1642. The Lords and Commons in Parliament Declaring The Designe of their Propositions of raising Horse and Moneys was to maintaine the Protestant Religion and the Kings Authoritie and Person and that The Forces already attending His Majestie 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 appeare to bee intended for some great and extraordinary designe so as at this time also they doe not charge the King with any manner of action of Warre or any thing done in a way or course of Warre against them and gave just cause of feare 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 Warre against their Soverainge did forbid all Mayors Sheriffes Bayliffes and other Officers to publish His Majesties said Letter to the Citie of London And declare that if Hee should use any force for the recovery of Hull or suppressing of their Ordinance for the Militia it should bee held a levying Warre against the Parliament and all this done before His Majestie had granted any Commission for the levying or raising of a man and lest the King should have any manner of provision of Warre to defend Himselfe 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 Yorke but to give a weekely account what was made or sold by them And an Order made the 24. day of June 1642. That the Horses which should bee sent in for the Service of the Parliament when they came to the number of 60. should bee trayned and so still as the number increased 4. July 1642. The King by His letter under His signe Manuall commanded all the Judges of England in their circuits to use all meanes to suppresse Popery Riots and unlawfull assemblies and to give the People to understand His Resolution to maintaine the Protestant Religion and the Lawes of the Kingdome and not to governe 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 Hee would spedily 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 That no Sheriffe Mayor Bayliffe Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many dayes before having beene imprisoned for proclaming the Kings Proclamation against the bringing in of Plate c. should publish or Proclaime any Proclamation Declaration or other Paper in the Kings name which should bee contrary to any Order Ordinance or Declaration of both houses of Parliament or the proceedings thereof and Order That in case any Force should bee brought out of one County into another to disturbe the Peace thereof they should bee suppressed by the Trayned Bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Towne of Hull whilest the King is at Yorke seizeth on a Ship comming to Him with provisions for His Houshold takes Mr. Ashburnham one of the Kings Servants Prisoner intercepts Letters sent from the Queene to the King and drowneth part of the Countrey round about the Towne which the Parliament allowes of and promise satisfaction to the owners 5. July 1642. They Order a subscription of Plate and Horse to bee made in every Countey and list the Horse under Commanders and the morrow after Order 2000. men should bee sent to relieve Sir John Hotham in case the King should besiege him to which purpose Drummes were beat up in London and the adjacent parts to Hull The Earle of Warwick Ordered to send Ships to Humber to his assistance instructions drawne up to bee sent to the Deputie-Lievetenants of the severall Counties to tender the Propositions for the raising of Horses Plate and Money Mr. Hastings 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 meete every morning for the laying out of ten thousand pounds of the Guild-hall moneys for the buying of 700. Horse and that 10000. Foote to bee raised in London and the Countrey bee imployed by dirction of the Parliament and the Lord Brooke is furnished with 6. peeces of Ordnance out of the Tower of London to fortifie the Castle of Warwick And 9. July 1642. Order That in case the Earle of Northampton should come into that County with a Commission of Array they should raise the Militia to suppresse him And that the Common Councell of London should consider of away for the speedy raising of the 10000. Foote and that they should bee listed and put in Pay within foure dayes after 11. July 1642. The King sends to the Parliament to cause the Towne of Hull to bee 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 the morrow after before that message could come unto them they resolve upon the Question That an Army shall bee forthwith raised for the defence of the Kings Person and both houses of Parliament and those who have obeyed their Orders and Commands in perserving the true Religion the Lawes Liberties and the Peace of the Kingdome and that they would live and dye with the Earle of Essex whom they nominate Generall in that Cause And 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 to forbeare any preparations or actions of Warre and to dismisse His extraordinary guards to come neerer to them and harken to their advice but before that Petition could bee answered wherein the King offered when the Towne of Hull should bee delivered to Him hee would no longer have an Army before it and should bee assured that the same pretence which tooke Hull from him may not put a Garrison into Newcastle into which after the Parliaments surprise of Hull Hee was inforced to place a Governour and a small Garrison Hee would also remove that Garrison and so as his Magazine and Navy might bee delivered
August 1642. being some dayes after the Earle of Bedsord had marched with great forces into the West that His Subjects might bee informed of His danger and repaire to His succour seteth up His Standard at Nottingham being a thing of a meere legall necessity if Hee 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 fee's or annuities enjoyed under Him were more immediately bound to assist Him And yet here Hee must weepe over Jerusalem and once again intreate the Parliament and His Rebellious Subjects to prevent their owne miseries and therefore sends the Earles of Southampton and Dorset to the Parliament to desire a Treaty offering to doe all on His owne part which might advance the Protestant Religion oppose Popery and Superstition and secure the Lawes and Liberties of his Subjects and just priviledges of Parliament Which after severall scornes put upon those noble Messengers as denying the Earle of Southampton to come and sit in the house of Peeres a right by birth and inheritance due unto him and causing the Serjeant at Armes of the house of Commons to goe before him with the Mace as they use to doe before Delinquents They refuse to accept of unlesse the King would first take downe his Standard and recall his Declarations and Proclamations against them To which the King the 5. Sept. 1642. notwithstanding the Earle of Bedford had with great forces in the meane time besieged the Marquis of Hartford in the Castle of Sherbâ—râ— in Dorset-shire replying That hee never did declare nor â—â—er intended to declare both his houses of Parliament to bee traytors or set up his Standard against them much lesse to put them and the Kingdome out of his protection And utterly protesting against it before God and the World offered to recall his Declarations and Proclamations with all cheerefullnesse the same day that they should revoke their Declarations against those had assisted him and desiring a Treaty and conjuring them to consider the bleeding condition of Ireland and the danger of England undertakes to bee ready to grant any thing shall bee 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 esteeme with them all the respect could bee afforded him being to stand at the Barre of the house of Commons and deliver his Message unto them had only 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 armes which they have beene forced to take up or shall bee forced to take up for the preservation of the Parliament Religion and the Lawes and Liberties of the Kingdome shall not bee laid downe untill his Majestie shall withdraw his protection from such Persons as have beene voted by both houses of Parliament to bee Delinquents or that shall by both houses of Parliament bee voted to bee Delinquents which after their mad way of voting might have beene himselfe his Queene or his Heire apparent and leave them to the Justice of Parliament according to their dâ—merites to the end that those great Charges and damages wherewithall the Common-wealth hath beene burdened since his Majestie departed from the Parliament might bee borne by the Delinquaâ—ts 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 lâ—â—e manner hereafter assist the Common-wealth in times of extreame danger and here they would also provide for future freinds and quarrells may bee re-paid all sums of money â—ent for those purposes and satisfied their charges susteyned out of the estates of the said Delinquents and of the Malignant and disaffected partie in this Kingdome And to make good their words 8. of September 1642. Before their answer could come unto the Kings hands Ordered certaine numbers of horse and foote to bee sent to Garrison and secure Oxford and the morrow after before the King could possibly reply unto it their Lord Generall the Earle of Essex marched out of London against Him with an Army of 20000. men horse and foot gallantly Armed and a great traine of Artillery to attend him notwithstanding all which and those huge impossibilities every day more and more appeared of obtaining a Peace with those were so much afraid to bee 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 bee tendred from house to house in the Cities of London and Westminster and to bee sent into all the Shires and Counties of England to bee tendred for the same purpose and the names of the refusers to bee 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 That although Hee had used all wayes and meanes to prevent the present distractions and dangers of the Kingdome all His labours have beene fruitlesse that not so much as a treaty earnestly defired by Him can bee obtained though Hee disclaimed all His Proclamations and Declarations and the erecting of His Standard as against His Parliament unlesse Hee should denude Himselfe of all force to defend Him from a visible strength marching against Him That now Hee had nothing left in His power but to expresse the deepe sence Hee had of the publique misery of the Kingdome and to apply Himselfe to a necessary defence wherein Hee wholy 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 Hee would piously remember whose blood is to bee spilt in this quarrell and cheerefully 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 September 1642. Mr. Hampden one of the 5. Members by this time a Collenell of the Army brings letters to the house of Commons from the Parliaments Lord Generall that hee 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 soone as all his forces that are about London shall come unto him which hee desires may bee hastened hee intended to advance towards His Majesty and it was the same day voted That all things sealed by the Kings Seale since it was carried away by the
Lord Keeper Littleton should bee Null and of no force in the Law and that a new Seale should bee provided The King therefore seeing what Hee must trust to 19. September 1642. Being at Wellington in Shrop-shire in the head of such small forces and friends as Hee could get together for the Parliament that very day had received letters That the King but the weeke before having a muster at Nottingham there appeared but about 3000. foote and 2000. horse and 1500. dragoones and that a great part of His men were not provided with armes made His Protestation and Promise as in the presence of almighty God and as Hee hoped for His blessing and protection to maintaine to the utmost of His power the true reformed Protestant Religion established in the Church of England and that Hee desired to governe by the knowne Lawes of the Land and that the Libertie and propertie of the Subject should be preserved with the same care as His owne just rights and to observe inviolably the Lawes consented to by Him in this Parliament and promised as in the sight of almighty God if Hee would please by His blessing upon that Army raised for His necessary defence to preserve Him from that Rebellion to maintaine the just priviledges and freedome of Parliament and governe by the known Lawes of the Land In the meane while if this time of Warre and the great necessity and straights Hee was driven to should beget any violation of them Hee hoped it would bee imputed by God and man to the Authours of the Warre and not to Him who had so earnestly desired and laboured for the Peace of the Kingdome and preservation thereof and that when Hee should faile in any of those particulars Hee would expect no aide or reliefe from any man nor protection from Heaven And now that the stage of Warre seemes to bee made ready and the parliament partie being the better furnished had not seldome shewed themselves and made severall traverses over it for indeede the King having so many necessities upon him and so out of power and provision for it might in that regard only if Hee had not beene so unwilling to have any hurt come to His People by his own defending of Himselfe bee backward and unwillingly drawn unto it wee may doe well to stand by and observe who cometh first to act upon it 22. Of September 1642. The Earle of Essex writeth from Warwick that hee was upon his march after the King and before the 6. of October following had written to the Countie of Warwick with all speede to raise their Trained bands and Voluntiers to resist his Forces if they should come that way and to the three Counties of Northampton Lecester and Darby to gather head and resist him if hee should retire into those parts and by all that can bee judged of a matter of fact so truely and faithfully represented must needes bee acknowledged to have great advantages of the King by the City and Tower of London Navy Shipping Armes Ammunition the Kings Magazine all the strong Townes of the Kingdome most of the Kingdomes plate and money the Parliament credit and high esteeme which at that time the People Idolized the fiery Zeale of a Seditious Clergie to preach the People into a Rebellion and the People head-long lie runing into the witcheraft of it When the King on the other side had little more to help him then the Lawes and Religion of the Land which at that time every man began to mis-conster and pull in peeces had neyther men horse armes ammunition ships places of strength nor money not any of his partie or followers after the Parliament had as it were proclaimed a Warre against Him could come single or in small numbers through any Towne or Village but were either openly assaulted or secretly betrayed no man could adventure to serve or owne him but must expose Himselfe and his Estate to bee ruined either by the Parliament or People or such as for malice or profit would informe against him All the gaines and places of preferment were on the Parliaments part and nothing but losses and mis-fortunes on the Kings No man was afraid to goe openly to the Parliaments side and no man durst openly so much as take acquaintance of his Soveraigne but if hee had done a quarter of that which Ziba did to David when hee brought him the 200. loaves of bread or old Barzillai or Ittay the Gittite when hee went along with him when his sonne Absolom rebelled against him They should never have escaped so well as they did but have beene sure to bee undone and sequestred for it So much of the affâ—ctions of the People had the Parliament cosened and stolne 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 Mountaines marcheth from Shrewsbury towards Banbury perswading and picking up what help and assistance His better for 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 Sabboth then loose an opportunity of murdering their Soveraign Tâ—e Earle of Essex and Parliament Army powring in from all quarteâ—s of the kingdom upon him had compâ—ssâ—d Him in on all sides and before the King could put His men in battell Aray many of whom being young country fellows had no better armes then clubs and staves in their hands cut out of the hedges and put His two young Sonnes the Prince of Wales and the Duke of Yorke in the guard of a troope of horse at the further end of the field and had finished a short prayer a bullet of the Earle of Essex's Cannon grazâ—d at His heeles as hee was kneeling at His prayers on the side of a bâ—â—ke for Blague a villaine 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 Annointed then of their Rebellious pretences so ordered the hands of those that fought for the King as the Earle of Essex was so loaden with Victories as hee left five of His men for one of the Kings dead behinde him lost his baggage and Artillery retired back to Warwick and left the King to blesse God in the field where Hee supped with such Victualls as the more Loyall and better naturd 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 ordnance and marched to Banbury and yet hee could not forget to pitty those were at such paynes and hazard the day before to murther him but before
representatives will and arbitrary power have a mind to make it who have so driven away their old legall priviledges by setting up illegall and fantastique kinde of Priviledges as they are pleased to call them instead of them as there is nothing now left of the Parliament like a Parliament neither matter nor forme nor any thing at all remaining of it For the upper and lower houses have driven away and fought against the King who was their Head the lower after that have driven away the upper and fourtie-five of the house of Commons whereof eleven are great officers and commanders in the Army have after that imprisoned driven away foure hundred of their fellow members And from a degenerate and distemperate peece of a Parliament brought themselves to bee but a representative or journey-men-voters to a Councell of Warre of their owne mercenacy and mechanique Army and may sit another eight yeares before ever they shall bee able to finde a reason to satisfie any man is not a foole or a mad-man or a fellow Sharer in the spoiles of an abused and deluded Nation Why the Kings demanding of the five Members and Kimbolton by undeniable warrant of the Lawes of the Land and the Records and precedents of their owne houses upon a charge or accusation of Treason for endeavouring amongst other pieces of Treason to alter the Government and subvert the fundamentall Lawes of the Kingdome which the Parliament and they themselves that were accused have more then once declared to bee Treason should bee taken to bee so great a breach of priviledge in the King their Soveraigne when the forcing and over-awing the houses of Parliament by the Army their servants and hirelings demanding the eleven members and imprisoning and bannishing some of them upon imaginary and fantasticall offences committed against themselves or they could not tell whom shall bee reckoned to be no breach at all of priviledge and the forcing of the houses by the same army within a yeare afterwards by setting guards upon them violently pulling two of the members of the house of Commons out of the house and imprisoning them and 39. more of their fellow members all night in an Alehouse and leading them afterwards to severall prisons with guards set upon them as if they had beene common malefactors can bee called mercies and deliverances and a purging and taking away rotten members out of the house of Commons But now that wee can finde nothing to make a defensive or Lawfull nor so much as a necessary warre on the Parliaments part for causa belli saith Besoldus correspondere debet damno et periculo the Parliament feares and jealousies were not of weight enough to put the People into a misery far beyound the utmost of what their feares and jealousies suggested to them did amount unto wee shall doe well to examine by the rules and lawes of warre and Nations the wayes and meanes they used in it Injustum censetur belium si non ejus penes quem est Majestas authoritate moveatur a Warre cannot bee just if it bee not made by a Lawfull authoritie Armorum delatio et prohibitio ad Principem spect at It belongs to the Prince to raise or forbid armes and the Records of the Parliament which wee take to bee a better sence of the house then their owne purposes can informe them that the Prelates Earles Barons and Commonaltie of the Realme did in the seveneth yeare of the raigne of King Edw the first declare to the Kâ—ng That it belongeth and his part is through his Royall Signorie streightly to defend force of Armour and all other force against his Peace when it shall please him and to punish them which shall doe the contrary according to the Lawes and usages of the Realme and that thereunto they were bound to aid their Soveraigne Lord the King at all seasons when neede shall bee How much adoe then will they have to make a warre against their Soveraigne to be Lawfull or if by any warrant of Lawes Divine or Humane they could but tell how to absolve themselves from their oathes of Supremacy Allegiance and their very many protestations and acknowledements of Subjection to the King finde a Supreame authority to bee in the People at the same time they swore an allegiance and obedience to the King and at the same time they not only stiled themselves but all those they represented to bee his Subjects Or how will they bee able to produce a warrant from the People their now pretended Soveraignes â—â—ll they shall bee able sufficiently to enslave them to authorize them to make a Warre to unâ—â—e them when they elected them but to consent to such things as should bee treated of by the King and his Lords for the defence of the King and his Kingdome Or how could a tenth parte of the People give warrant to them to fight against the King and the other nine parts of the People Or can that bee a good warrant when some of them were cheated and the other by plunderings and sequestrations forced to yeild to it Or could the pretence of a warre for defence of the Kings Person and to maintaine the Religion Lawes and Liberties of the People bee a warrant to the Parliament which never sought any thing for the King and People but to take away the Soveraignty from the one and the Liberties of the other to doe every thing was contrary unto it But if that could have legitimated their actions as it never did or will bee able There is a two fold rule of Justice in the practise of Warre and Nations si bellum geratur sine denunciationâ— in captivos tanquam latrones animadverti possit It is a thievery rather than a Warre not to denounce or give notice of it beforehand and in that also the Parliament was faulty for they took Huâ—â— and Portsmouth and the Kings Navy and Magazine from him when hee hoped better things of them and sent out their Armies and the Earle of Essex against him whilest hee was in treaty with them and offered all that hee could for to have a peace with them Bellum item impium injustumque sit si modus debitus non observetur A Warre is unjust if their bee not a due way of proceedings held in it which especially consisteth in not hurting the innocent Church-men Husbandmen weake or impotent People as old men women and Children and in this also they will fall short of an excuse For how full is every Towne and Village of the truth as well as the complaints of the unchristian usage of old and sick people Women and Children beaten wounded or killed upon no provocation Women and Maids ravished and their fingers cut off for their rings old Best of Canturbury hanged up by the priviâ—ies others tortured and had burning matches tied to their fingers to make them confesse where their money was Women and Children and sick and aged Persons starved
and his Commissioners at Vxbridge 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 daies added to it if the King could in honor Conscience have granted all the other parts of the propositions must grant them an act not only to confiscate the Estates of his Friends and those that took armes to save his Life and Estate but to take away their Lives also and not only that but to condemne them of high Treason and attaint their blood when they fought against them were only guiltie of it a thing so unfitting and 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 bee cut off and making them to gather the crumbes from under his table or Benhadads demande 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 was not to bee 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 yeild unto a thing nature it selfe would abhorre and the worst of Villaines and reprobates rather loose their lives then yeild to would never bee demanded by any but a Devill nor granted by any but his Equalls And if their desiring of a war more then a peace and to keepe the King out of his owne had not beene the only cause of such unnaturall and barbarous propositions it may well bee wondred why they that have made to themselves for wee cannot beleive 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 peece of Justice should need to strive so hard with the King to give them a power to doe that they are now so busie to doe of themselves and as if they had beene afraid all this would not bee enough to keepe the doores of Janus or the Devill open for feare lest the King should trouble them with any more offers or Messages for peace a vote must bee 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 hypocriticall pretences so it was at first intended and so it hath proved to bee ever since to whom their Masters the People wee meane as to the house of Commons had sent them to consult with not to make a Warre against him they might have remembred that saying of Cicero if they had found nothing in the booke of God and their owne Consciences to perswade them to it That duo sunt genera decertandi unum per disceptationem alterum per vim ad hoc confugiendum non est si uti superiori licebit There are other waies to come by pretended rights then by a Warre and wee ought never to make use of a Warre which is the worst of all remedies if wee may obtaine it by a better Hen. 2. King of England was made a Judge betwixt the Kings of Castile and Navarre The Rebellious Barons of England in the raigne 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 meanes only stopped Charles the 4. Emperor was made a Judge of the differences betwixt the English and the French Kings For as Albericus Gentilis saith well Intelligendum eos qui diffugiunt genus hoc decertandi per desceptationem ad alterum quod est per vim currunt illco eos a justitia ab humanitate a probis exemplis refugere et ruere in arma volentes qui subire judicium nullius velint They that rush into a Warre without assaying all other just meanes of deciding the controversie for which it is made and will judge only according to their owne will and opinion doe turne their backs to Justice Humanity and all good Examples And in that also the Parliament will bee found faulty For the French King and the Estates 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 defference left to their arbitrement but their Ambassadors returned home again with a report how much they found the King inclined to it and how satisfactorily hee had offered and how much the Parliament was averse to their interposition and altogether refused it But wee have tarried long enough among the Parliament partie from thence therefore for it is time to leave the companie of so much wickednesse wee shall remove to the Kings partie and yet that may cause a Sequestration and examine for a fuller satisfaction of that which by the rule of contraries is cleere enough alreadie if hee were not on the defensive and more justifiable part of the businesse The King as hee was defensor et protector subditorum suorum and sworne to see the Law executed had not the sword nor his authority Commited to him in vaine And if hee had had no manner of just cause of feare either in his owne Person or authoritie or no cause given him in relaesae Majestatis the imprisoning of his Subjects and plundring and taking away their estates from them long before he had either armed himselfe or had wherewithall to doe it had beene cause as sufficient as to cause a Hue and Cry to be made after a fellon or raise the posse Commitatus to bring him to Justice and might by the same reason doe it in the case of more and by the same reason hee might doe it by the help of one nothing can hinder but by the same reason hee might doe 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 poore mans only Sheepe hee that understood well enough the dutie of a King was exceeding wroth against the man and said As sure as the Lord liveth this man shall surely dye And can any man think that the King when hee saw so much Sedition and Treason among the People countenanced and cherished Tumults grow up into outrages outrages to parties and Warlike assemblies proposiâ—ions made to bring in Horse and Money to
and conditionall as it is alwaies to bee understood in this Treaty that nothing agreed in part betwixt us shall be binding unlesse their be a conclusion upon the whole And here let the Truth bee judge if the King did not aboundantly endeavour to save his People and if the Parliament had not neede of a justification when they used all manner of force and shifts to have the King take the fault upon him they therefore that shall consider that the King was a close prisoner robbed and bereaved of all hee had but his Honour and Conscience and a great measure of knowledge and understanding and the hearts of his Loyall Subjects was debarred of all friends and comforts penned up and used with all manner of hardship and and extremities and every day like to bee murdered that conditions adimpleri debent priusquam sequatur effectus are but inserted or added inâ—casum incertum qui potest tendere ad esse aut non esse depend on subsequencies or following effects which not hapning or coming to be performed according to the intent of the conditions makes them to vanish and expire as if there no such matter at all had bene acknowledged or expressed in them That Cooke his accuser who when hee comes to bee hanged for it will never bee able to prove that the People who substituted or gave him warrant for to accuse him And Bradshaw who sate higher in the pageant of Justice and the rest of his fellow murderers tooke the Kings conditionall consenting to the Preamble to bee so little for their purpose as they never so much as mentioned it must not only acquit him of any Confession or guilt to bee inferred from his conditionall yeilding to that Ambuscado Preamble but dissolve into wonder and admiration that hee who in his Royall Meditations and Conference with death upon the Parliaments votes of non addresse and his closer imprisonment at Carisbrooke-Castle had clearnesse of Conscience enough to say for as for his judgment wee hope it cannot bee suspected when Mr. Carill the Independent and Mr. Vines a Presbyterian Minister could say hee was a second Salomon and the Parliaments Commissioners at the Isle of Wight report him to bee the master of the greatest wisdome and understanding That hee had the feast of a good Conscience and the brazen wall of a judicious integrity and Conscience doubted not but his Innocency would find God to bee his protector rejoyced in the comfort of Imitating Christs example in suffering for Righteousnesse sake and thanked God hee could pray for them that God would not impute his Blood to them further then to convince them what neede they had of Christs Blood to wash their Soules from the guilt of Sheding His And was afterwards in the face and view of Death and his murderers heard to say upon the Scaffold Hee never did begin a Warre with the two houses of Parliament and called God to his witnesse to whom hee was shortly to make an account hee never intended to incroach upon their priviledges but they began upon him It was the Militia they began upon though they confest it was his and that any that would looke into the date of their Commissions and his might cleerely see that they began these unhappie troubles and hoped God would cleer him of it Could bee so much more then a man and so great a protectour of his People as not only to bee content to bee robbed and despoiled of all that hee had for their sakes but to save the Lawes and estates of his People when there was no other way to doe it deliver up himselfe so as a Peace and Agreement might have followed upon the Treaty to the unjust Censure of Robbing and Spoyling those that had robbed and undone him But now that we have hunted this Parliament Protens through all this disguises of Parliament priviledges and pretences and are lamentably assured a great and accursed thing is committed in our Israel and the anger of the Lord is kindled against us it may bee labour well bestowed though here is sure enough already said and prov'd that the King was in the defensive and justifiable part of the Warre to send into Achans tent and search and see what is there to bee found concerning this matter and here we find the Lord Say the Lord Brooke and their complices had not long before the King had summoned them to that which is now called the Parliament setled and conveyed their estates to prevent any dangers might happen upon their intended enterprises Peard the pragmatique Parliament man was heard to say a little before this holie Warre began to break out That the Government of the Kingdome would within a year or two bee altered A little before the second Scottish invasion Hinderson the Scotch firebrand confesses the Covenanters of both Kingdomes were unanimously agreed to bring the King to their lure before they laid downe Armes the joynt declaration of both Kingdomes in January 1643. professes they will never lay down Armes till the pretended reformation bee accomplished many declarations and remonstrances of the Parliament if they may bee so called and the Army mention the originall power and Soveraignty to bee in the people the common Rights and Freedome of the Nation and the opertunities God hath put into their hands An Ordinance of Parliament 20. October 1645. concerning rules and directions for Tryers and Judges of the abilitie of Elders declares it was the wonderfull providence of God in calling them which hee never did by force of Armes Hypocrisie Treason Rebellion and usurping of regall authority to the great and difficult worke of reformation and purging the Church The Lord Fairfax and his generall councell of Officers in their Remonstrance of the 16. November 1648. made to the Parliament call the putting downe of Monarchy and the Establishing of their unjust ends the publique interest originally contended for on the Parliaments part and the declaration and votes of those that call themselves the Commons of England in Parliament assembled 15. January 1648. affirm the bringing of Delinquents to punishment which if they had beene Delinquents is certainly a part of the Kingly office the maine if not the only end of making this Warre And in another place thereof acknowledges the rooting out of Episcopacy and bringing Delinquents to punishment to bee the only motives that induced them to undertake this Warre And though Achan will neyther confesse nor bee brought to punishment till the wroth and never failing judgement of God shall bring them and their sons their daughters and their successes the asses that follow them to be consumed in the field of Achor and the Fig-leaves which they have patched together to palliate hide their nakednesse cannot keepe out the eyes and understanding of a ruined Nation bleeding under the burden of of their iniquity but whether ever confessed or never will bee as plaine as the most infallible demonstration they were never
to Blasphemy to justifie their most horrid act of murdering him but for seeking to preserve the Lawes and Liberties of his People who are now cleerely cheated out of them And here our misery tells us wee must leave them and in the next place shall remember for indeede it is so playne it needs no enquiry CHAP. VI Who most desired Peace and offered faireliest for it TH' abundant satisfaction the King had offered them from his first summoning of the late Parliament to their dissolving of themselves by dissolving him who gave them all their Life and Being That which he did and all which hee would have done So many Declarations Answers and Messages penned by himself intending as much as his words could signifie were beleeved and understood by all at that time that were not interessed or ingaged against him and by many of the eagrest of them also that had no hand or look't to have any profit in the murthering of him for a tryall of a King without either warrant or colour of Scripture or the Lawes of the Kingdom or the consent of the major part of the People if that could have authorized it cannot nay will not by all the world and after ages bee otherwise interpreted unlesse wee shall say Ravillae might have justified his killing of Henry the fourth of France if hee had but had the wit to have framed or fancied a Supreme Court of Justice and have Sentenced him before he had done it will bee as Pillars and lasting-Monuments of this Truth The King was the only desirer of Peace and laboured and tuggedâ—â—rder for it then ever Prince or King Heathen or Christian since Almighty-God did his first days work did ever doe with Superiors Equalls or Subjects it will be no wrong certainly to David whose sufferings are so much remembred in all christian Churches complayning so bitterly that he sought Peace with those that refused it and in the meane time prepared for warre against him To say the King did suffer more and offer more and oftner for Peace then ever hee did for any thing is extanc or appearing to us for surely so many messages of Peace as one and twentie in two yeares space from the 5. of December 1645. to the 25. of December 1647. sent to the Parliament after so many affronts and discouragements must needs excuse him that offered all could bee imagined to bee for the good and safety of his People and condemne those that not only from time to time refused it but adhered so much to their first intentions as all the blood and riune of the People could not perswade them to depart with the least punctillio of it though the King before the Isle of Wight Treaty offered so much for the Olive-Branch as to part with the Militia for terme of his life and in a manner to un-king himselfe and was afterwards content to doe all that his Coronation-Oath Honour and Conscience could possibly permit him to doe and to purchase a Peace for his People was content to have borne the shame and reproach of what his enemies were only guilty of in so much as the Lord Say himselfe and most of his ever craving never safe enough Disciples confessed the king had offered so much as nothing more could bee demanded of him They therefore that can but tell how to divide or put a difference betwixt white and black night and day and the plainest contraries must needs also acknowledge the King offered all and the Parliament refused all The King was willing to part almost with every thing and the Parliament would never part with any thing The King was willing for the good of his People to give away almost every thing of his owne but the Parliament would never yeild to part with any thing was not their owne And thus may the account bee quickly cast up betweene the King and Parliament who would have saved and kept the people from misery and who was most unwilling to make an end of it But that wee may not too hastily give the sentence to try the businesse as they use to doe at the Counsell of Warre or the new Invented way of Justicel sitting with their Will or the Sword only in one hand and no Ballance at all in the other Wee shall in the next place examine CHAP. VII Who Laboured to Shorten the Warre and who to Lengthen it THe ods was so great betwixt what the Parliament laboured to get and the King to keep as that which swayes the ballance in most mens actions will bee argument enough to conclude they were more likely to loose by a peace then a war therfore the more willing to continue it and if their owne interests would not put them so farre upon it their vaine glorie and ambition would bee forward enough to perswade them to it and if not that the successe of their armes or miscalled providence would make them looke as experience tells us they did upon any tenders of peace as Alexander the great did upon Darius his offer of halfe his Kingdome and if not that their feares and jealousies now growne greater by wronging of the King then ever they were when they suspected him could never think it safe to let an inraged Lion into his den they had so long kept out of it But the King could not fight for his owne but hee must adventure the undoing of his owne and could not but know that so much as was lost of his Subjects would bee so much lost of a King and therefore doth all hee can to preserve a People had no minde to preserve themselves and before hee had gathered up the bayes hee wonne at Edge-hill sends a Proclamation of pardon to those that the day before did all they could to kill him and in all his actions of warre afterward behaved himselfe rather like a weeping father defending himselfe against the strokes and violence of disobedient Children Had the Parliament accepted of his offers before hee came to Beverley or besieged Hull hee had never set up his Standard at Nottingham or had they loved his People but halfe so much as he did their Armies had never seen his Banners displaid at Edge-hill Had they hearkned to his many endeavors for Peace after that battell and not sought to surround or ruine him when hee came so neere as to their very doores to intreat for it they had never beene troubled to frame an accusation against him for defending himselfe at Braynford Had his Treaty at Oxford beene proceeded in with the same desires of Peace hee brought to it the blood that was shed at Caversham-bridge had beene kept for better purposes had hee sought his owne advantages hee had not besieged Glocester or had hee not beene so unwilling to put the People in it to the hazard of a storme might have taken it had they not sent their Generall to assault him at Glocester whil'st hee was as David besieging the strong hold of the Jebusites