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
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
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
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
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