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

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might be delivered unto Him all Armies and Levies made by the Parliament laid down the pretended Ordinance for the Militia disavowed and the Parliament adjourned to a secure place He would lay down Armes and repair to them and desired all differences might be freely debated in a Parliamentary way whereby the Law might recover its due reverence the Subject his just Liberty Parliaments their full vigour and estimation and the whole Kingdom 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 they had Armed their General 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 General of the Horse 8. August 1642. Upon information That some of the Town of Portsmouth had revolted to Collonel Goring being but sent thither with a message from the King and Declared for His Majesty Order Forces to be sent thither speedily to beleaguer it by Land and the Earl of Warwick to send thither 5. Ships of the Navy to prevent any Forraign forces coming to their assistance and upon Intelligence that the Earl of Northampton appeared with great strength at Banbury to hinder the Lord Brooks carrying the pieces of Ordinance to Warwick Ordered 5000. Horse and Foot to be 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 County to be delivered unto them Gave power to the Earl of Essex their Lord-General the Lord Brook and others to apprehend the Marquis of Hartford and Earl of Northampton and their complices and to kill and slay all that should oppose them And the day following gave the Earl of Stamford a Commission to raise forces for the suppressing of any that should attempt for the King in Leicester-shire or the adjacent Counties And on the eleventh of August 1642. Upon the Kings Proclamation two dayes before Declaring the Earl of Essex and all that should adhere unto him in the levying of Forces and not come in and yield to His Majesty within 6. dayes to be Traytors p vote the said Proclamation to be against the Fundamental Laws of the Kingdom Declare their resolutions to maintain and assist the Earl of Essex and resolve to spend no more time in Declarations and Petitions but to endeavour by raising of Forces to suppress the Kings Party Though all that the Kings Loyal Subjects did at that time for Him was but to execute the Commission of Array in the old legal way of the Militia and within a day or two after Ordered the Earl of Essex their Lord General to set forth with his Army of Horse upon the Monday following but not so much as an answer would be afforded to the Kings message sent from Hull where whilest He 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 he might well understand the great 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 be as equally observed as those which most of all concerned His own interest and rights and that His quarrel 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 be delivered into the hands of Iustice to be tried by their Peeres according to the known Laws of the Land and against the Earles of Essex Warwick Stamford Lord Brook Sir John Hotham Major General Skippon and those who should exercise the Militia by vertue of the Ordinance He would cause Indictments to be drawn of High Treason upon the Statute of 25. Edw. 3. and if they submit to trial and plead the Ordinance would rest satisfied if they should be acquited But when this produced as little effect as all other endeavours He had used for peace He that saw the Hydra in the mud and slime of Sedition in its Embryo birth and growth and finds him now erected ready to devour him must now though very unwilling to cast off His beloved Robe of Peace forsake an abused patience and believe no more in the hopes of other remedies which had so often deceived Him but if He 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 maner of satisfaction to his own judgement and discretion betake himselfe to the sword which God had intrusted Him with and therefore 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 bear him company in His troubles provides what men arms He could in his way towards Nottingham where He intended to set up His Standard But the Parliament about the 23. of August 1642. having received some information that He intended to set up His Standard at Nottingham Declare q That now it appears to all the world that there is good ground of their fears and jealousies which if ever there had been any as there was no cause at all of any more then that some of them meaning to murder or ruine Him they were often afraid He should take notice of it and seek to defend himself there was by their own confession till this time no manifest or certain ground appearing that He intended to defend himself 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 Actors and out of the Estates of all such Persons in any part of the Kingdom who should persist to serve the King in this War against the Parliament and That it should be Lawful for any number of persons to ioyn and defend themselves and that the Earl of Essex their General should grant out Commissions for levying and conducting forces into the Northern parts And Sir John Hotham the Governor of Hull assist them and Command also the Sheriffs of the County of York and the adjacent Counties with the power of the Counties and Trained bands to aide them and to seize upon all that shall execute the Commission of Array for His Majesty who thus sufficiently beset by those that intended what since
day before to murther him but before he went out of the field sent Sir William Le-neve Clarencieux King at Arms to Warwick whither the Earl of Essex was fled with a Proclamation of Pardon to all that would lay down arms which though they scornfully received and the Herald threatned to be hanged if he did not depart the sooner cannot perswade him from sending a Declaration or Message to the Parliament to offer them all that could be requested by Subjects but all the use they made of it was to make the City of London believe they were in greater danger then ever if they lent them not more moneys and recruited the Earl of Essex his broken Army and to cousen and put the people on the more to seek their own misery a day of thanksgiving was publiquely kept for the great Victory obtained against the King And Stephen Marshal a Factious bloody minister though he confessed he was so carried on in the crowd of those that fled from the battel as he knew not where he was till he came to a Market Town which was some miles from Edge-hill where the Battel was fought preaches to the people too little believing the Word of God and too much believing him That to his knowledge there was not above 200. men lost on the Parliaments side that he 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 ye may see Janus Temple wide open though the doors of it were not lift off the hinges or broken open at once but pickt open by those either knew not the misery of War or knowing it will prove to be the more guilty promoters of it That we may the better therefore find out though the matter of Fact already represented may be evidence enough of it self who it was that let out the fury and rage of War upon us we shall consider CHAP. III. Whether a Prince or other Magistrate labouring to suppress or punish a Rebellion of the People be tyed to those rules are necessary for the justifying of a War if it were made between equals WAr where it is made by any rules of justice between equals is to be for necessity where the determining of controversies cannot otherwise be obtained or when between two Princes of equal power it cannot be had because they have no superiour A Rebel therefore cannot properly be called an enemy for Hostis nomen notat aequalitatem and when any such arms are born against Rebels it is not to be called a War but an exercise of jurisdiction upon traiterous and dis-loyal persons y atque 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 magnos habeant exercitus proinde nec ulla cum illis belli jura saith z Besoldus The Romans who were so exact and curious in their publique denouncing of War and sending Ambassadors before they made War against any other Nation did not do it in cases of rebellion and defection and therefore a 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 War against an enemy or equals as demanding restitution denunciation and the like are not requisite in that of punishing of Rebels b Pompey justifies the war maintained by the Senate against Caesar not then their Soveraign with neque enim vocari praelia justa decet c. Cicero did not think it convenient to send Ambassadors to Anthony nor intreat him by fair words but that it was meet to enforce him by Arms to raise his siege from Mutina for he said c They had not to do with Hannibal an enemy to the Common-wealth but with a Rebellious Citizen The resisting of the Kings Authority when the Sheriff of a County goes with the posse Comitatus to execute it was never yet so much as called a War but Rebellion insurrection or commotion were the best terms which were bestowed upon it For such attempts are not called wars but robberies of which the Law taketh no other care of but to punish them And the haste that all our Kings and Princes in England have made in suppressing Rebellions as that of the Barons Wars by Henry the 3. and his sending his son the Prince to besiege Warren Earl of Surrey in his Castle of Rygate for affronting the Kings Justices saying That he 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 Rebels and Queen Eliz. to suppress the Earls of Northumberland 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 d Laws of England if Englishmen that are Traytors go into France and confederate with Aliens or Frenchmen and come afterwards and make a War in England and be taken prisoners the strangers may be ransomed but not the English for they were the Kings Subjects and are to be reckoned as Traytors not strangers And the Parliaments own advise to the King to suppress the Irish Rebels that ploughed but with their own Heyfer and pretended as they did to defend their Religion Laws and Liberties and the opinion also of Mr. President Bradshaw as Sir John Owen called him in his late sentence given against the Earls of Cambridge Holland and Norwich Lord Capel and Sir John Owen whom he mistakenly God and the Law knows would make to be the subjects of their worser fellow subjects may be enough toturn the question out of doors But lest all this should not be thought sufficient to satisfie those who can like nothing but what there is Scripture for we shall a little turn over the leaves of that Sacred Volume and see what is to be found therein concerning this matter Moses who was the meekest Magistrate in the World and better acquainted with Him that made the fifth Commandment then these that now pretend Revelations against it thought fit to suppress the Rebellion of Corah Dathan and Abiram as soon as he could and for no greater offence then a desire to be co-ordinate with him procured them to be buried alive with all that appertained unto them When Absalon had Rebelled against his father David and it was told him e That the hearts of the men of Israel were after him David a man after Gods own heart without any Message of Peace or Declaration sent unto his dear son Absalon or offering half or any part of his Kingdom to him sent three several armies
him If he would not grant it they would settle and dispose it without him And the morrow after Resolve upon the Question That the Kingdom be forthwith put in a posture of Defence in such a way as was already agreed upon by both Houses of Parliament and Order the Earl of Northumberland Lord High-Admiral to Rig and send to Sea His Majesties Navy and notwithstanding that the King 4 March 1641. by His Letter directed to the Lord Keeper Littleton had signified that He would wholly desist from any proceedings against the five Members and Kimbolton Sir John Hotham a Member of the House of Commons who before the King had accused the five Members and Kimbolton k had by Order of Parliament seized upon the Town of Hull the onely fortified place of strength in the Kingdom and made a Garison of it summoned and forced in many of the trained Soldiers of the County of York to help him to guard it Eighth of March 1641. Before the King could get to York it was Voted That whatsoever the two Houses of Parliament should Vote or Declare to be Law the People were bound to obey And when not long after the King offered to go in person to suppresse the Irish Rebellion That was Voted to be against the Law and an encouragement to the Rebels and they Declared that whosoever should assist him in his Voyage thither should be taken for an enemy to the Common-weale And 15 of March 1641. Resolved upon the Question That the several Commissions granted under the great Seal to the Lieutenants of the several Counties were illegal and void and that whosoever should execute any power over the Militia by colour of any such Commission without consent of both Houses of Parliament should be accounted a disturber of the peace of the Kingdom l April 1642. Sir John Hotham seizeth the Kings Magazine at Hull and when the King went but with a small attendance to demand an entrance into the Town denies him though he had then no Order to do it Notwithstanding all which the 28 of April 1642. they Vote That what he had done was in obedience to the commands of both Houses of Parliament and that the Kings proclaiming him to be a Traytor was a high breath of Priviledge of Parliament And Ordered All Sheriffs and Difficers to assist their Committees sent down with those their Votes to Sir John Hotham In the mean time the Pulpits flame with seditious invectives against the King and incitements to Rebellion and the People running headlong into it had all maner of countenance and encouragement unto it but those Ministers that preached Obedience and sought to prevent it were sure to be imprisoned and put out of their places for it Sir Henry Ludlow could be heard to say in the House of Commons m That the King was not worthy to Reign in England And Henry s Marten That the Kingly Office wa● forfeitable and the happiness of the Kingdom did not depend upon him and his Progeny And though the King demanded justice of them were neither punished nor put out of the House nor so much as questioned or blamed for it The Militia the principal part of the Kings regality without which it was impossible either to be a King or to govern and the sword which God had given him and his Ancestors for more then a thousand years together had enjoyed and none in the Barons wars nor any Rebellion of the Kingdom since the very being or essence of it durst ever heretofore presume to ask for must now be wrestled for and taken away from him The Commissions of Array being the old legal way by which the Kings of England had a power to raise and levy men for the defence of themselves and the Kingdom Voted to be illegal The passage at Sea defended against him and his Navy kept from him by the Earl of Warwick whilest the King all this while contenting himself to be meerly passive and only busying himself in giving answers to some Parliament Messages Declarations to wooe and intreat them out of this distemper cannot be proved to have done any one action like a war or to have so much as an intention to do it unless they can make his demanding an entrance into Hull with about twenty of His followers unarmed in His company and undertaking to return and leave the Governor in possession of it to be otherwise then it ought to be 5. of May 1642. The King being informed n That Sir John Hotham sent out Warrants to Constables to raise the Trained bands of York-shire writes His Letter to the Sheriff of that Country to forbid the Trained bands and commands them to repair to their dwelling houses 12. of May 1642. Perceiving himself every where endangered and a most horrid Rebellion framing against Him and Sir John Hotham so near Him at Hull as within a dayes journey of Him moves the o Country of York for a Troop of horse consisting of the prime Gentry of that Country and a Regiment of the Trained bands of foot to be for a guard unto Him caused the oath of Allegiance to be administred unto them But the Parliament thereupon Vote p That it appeared the King seduced by wicked Councel intended to make a war against them and till then if their own Votes should be true must acquite Him from any thing more then an intention as they call it to do it And that whosoever should assist him are Lraytors by the fundamental Laws of the Kingdom The Earl of Essex Lord-Chamberlain of the Kings houshold and all other of the Kings houshold servants forbid to go to him and the Kings putting some of them out and others in their places Voted to be an injury to the Parliament Messengers were sent for the apprehending some Earls and Barons about Him and some of His Bed-Chamber as if they had been Felons The Lord Keepers going to Him with the Great-Seal when He sent for him Voted To be a breach of Priviledge and pursued with a Warrant directed to all Mayors and Bayliffs to apprehend him Caused the Kings Rents and Revenues to be brought in to them and forbid any to be paid Him Many of His Officers and Servants put out of their places for being Loyal unto Him and those that were ill affected to Him put in their rooms and many of His own Servants tempted and procured by rewards and maintenance to tarry with them and be false and active against Him The twenty sixth day of May 1642. A Declaration is sent to the King but printed and published before he could receive it That q Whatsoever they should Vote is not by Law to be questioned either by the King or Subjects No precedent can limit or bound their proceedings A Parliament may dispose of any thing wherein the King or People have any right The Soveraign power resides in both Houses of Parliament The King hath no Negative voice The levying of
War against the Personal commands of the King though accompanied with His presence is not a levying of War against the King but a levying War against His Laws and Authority which they have power to declare is levying of War against the King Treason cannot be committed against His Person otherwise then as He was intrusted They have power to judge whether He discharge His trust or not that if they should follow the highest precedents of other Parliaments paterns there would be no cause to complain of want of modesty or duty in them and that it belonged onely to them to Judge of the Law r 27 of May The King by His Proclamation forbids all His Subjects and Trained bands of the Kingdom to Rise March or Muster But the Parliament on the same day Commanded all Sheriffs Justices of Peace Constables within one hundred and fifty miles of York to seize and make stay of all Arms and Ammunition going thither And Declaring the said Proclamation to be void in Law s command all men to Rise Muster and March and not to Muster or March by any other Authority or Commission and the Sheriffs of all Counties the morrow after commanded with the posse Comitatus to suppresse any of the Kings Subjects that should be drawn thither by His command secure and seize upon the Magazines of the Counties protected all that were Delinquents against Him make all to be Delinquents that attended him and put out of the House of Peers nine Lords at once for obeying the Kings summons and going to Him t 3. June 1642. The King summoning the Ministery Gentry and Free-holders of the County of York declared to them the reasons of providing himself a guard and u that he had no intention to make a War and the morrow after forbad the Lord Willough by of Parham to Muster and Trayn the County of Lincoln who under colour of an Ordinance of Parliament for the Militia had begun to do it x 10 June 1642. The Parliament by a Declaration signifying That the King intended to make a War against His Parliament invited the Citizens of London and all others well affected as they pleased to miscall them within 80 miles of the City to bring money or plate into the Guild Hall London and to subscribe for Men Horses and Arms to maintain the Protestant Religion the Kings Person and Authority free course of Justice Laws of the Land and priviledges of Parliament and the morrow after send 19. propositions to the King That the great affairs of the Kingdom and Militia may be managed by consent and approbation of Parliament all the great officers of Estate Privy Councel Ambassadors and Ministers of State and Judges be chosen by them that the Government Education and Marriage of the Kings Children be by their consent and approbation and all the Forts and Castles of the Kingdom put under the Command and Custody of such as they should approve of and that no Peers to be made hereafter should sit or vote in Parliament without the consent of Parliament y with several other demands which if the King should have granted would at once in effect not only have undone and put His Subjects out of His protection but have deposed both himself and his posterity and then they would proceed to regulate His Revenue and deliver up the Town of Hull into such hands as the King by consent and approbation of Parliament should appoint But the King having the same day before those goodly demands came to his hands being a greater breach of His Royal Priviledges then His demanding of the five Members and Kimbolton if it had not been Lawful for him so to do could be of theirs z granted a Commission of array for the County of Lecester to the Earl of Huntington and by a letter sent along with it directed it for the present onely to Muster and Array the Trained bands a And 13. June 1642. Declared to the Lords attending Him at York That He would not engage them in any War against the Parliament unless it were for His necessary defence whereupon the Lord keeper Littleton who a little before had either been affrighted or seduced by the Parliament to vote their new Militia The Duke of Richmond Marquis Hartford Earl of Salisbury Lord Gray of Ruthen now Earl of Kent and divers Earls and Barons engaged not to obey any Order or Ordinance concerning the Militia which had not the Royal assent to it 14 June 1642. Being informed b That the Parliament endeavoured to borrow great sums of money of the City of London and that there was great labour used to perswade His Subjects to furnish horse and money upon pretence of providing a guard for the Parliament By His Letter to the Lord Mayor Aldermen and Sheriffs of London disavowing any purpose of making a War declared That He had not the least thought of raising or using of forces unless He should be compelled to do it for His own defence forbiddeth therefore the lending of money or raising of horses Within two days after the Lord Keeper Duke of Richmond Marquis Hartford Earl of Salisbury Lord Gray of Ruthen with 17 Earls and 14. Barons the Lord Chief-Justice Bancks and sundry others of eminent quality and reputation attest His Majesties Declaration and profession that He had no intention to make a War but abhorred it and c That they perceived no Councels or preparations tending to any such design and send it with His Majesties Declaration to the Parliament In the mean time the Committee of Parliament appointed to make the propositions to the City of London for the raising of horse viz. 15 June 1642. Made report to the House of Commons That the Citizens did very cheerfully accept the same there being for indeed there had been some design and resolution a year before concerning the melting of plate to raise monies already great store of plate and monies brought into Guild-Hall for that purpose and an Ordinance of Parliament was made for the Earl of Warwick to be Lord Admiral and keep the Navy though the King had commanded him upon pain of Treason to deliver up the Ships to Him And the Lord Brook sent down into Warwich-shire to settle the Militia 17 June 1642. A Committee of both Houses was appointed to go to the City of London to inquire what store of Horse Monies and Plate were already raised upon the Propositions 18 June 1642. The King by His Proclamation Disclaiming any intention to make War against His Parliament forbiddeth all levies of Forces without His Majesties expresse pleasure signified under His Great Seal And 20 June 1642. Informing all His Subjects by His Proclamation of the Lawfulness of His Commissions of Array d That besides many other Warrants and Authorities of the Law Judge Hutton and Judge Crooke in their arguments against the Ship-money agreed them to be Lawful and the Earl of Essex himself had in the
beginning of this Parliament accepted of one for the County of York Gave his People to understand That He had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for and secure them in a legal way lest under a pretence of danger and want of Authority from His Majesty to put them into a Military posture they should be drawn and engaged in any opposition against Him or His just Authority But 21 June 1642. e The Lords and Commons in Parliament Declaring The design of their Propositions of raising horse and moneys was to maintain the Protestant Religion and the Kings Authority and Person and that the Forces already attending His Majesty and His preparations at first coloured under the pretence of a guard being not so great a guard as they themselves had constantly for 6. moneths before did evidently appear to be intended for some great and extraordinary disign so as at this time also they do not charge the King with any maner of action of War or any thing done in a way or course of War against them and gave just cause of fear and jealousie to the Parliament being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make a War against their Soveraign did forbid all Mayors Sheriffs Bayliffs and other Officers to publish His Majesties said Letter to the City of London And declare that if He should use any force for the recovery of Hull or suppressing of their Ordinance for the Militia it should be held a levying War against the Parliament and all this done before His Majesty had granted any Commission for the levying or raising of a man and lest the King should have any maner or provision of War to defend himself when their Army or Sir John Hotham should come to assault Him Powder and Armes were every where seized on and Cutlers Gun-smiths Sadlers and all Warlike Trades ordered not to send any to York but to give a weekly account what was made or sold by them And an Order made the 24. day of June 1642. That the Horses which should be sent in for the Service of the Parliament when they came to the number of 60. should be trained and so still as the number increased 4. July 1642. The King by His Letter under His signe Manual commanded all the Judges of England in their circuits f to use all means to suppresse Popery Riots and unlawful assemblies and to give the People to understand His Resolution to maintain the Protestant Religion and the Laws of the Kingdom and not to govern by any Arbitrary way and that if any should give the King or them to understand of any thing wherein they held themselves grieved and desired a just reformation He would speedily give them such an answer as they should have cause to thank Him for His Justice and favour But the same day a Declaration was published by both Houses of Parliament commanding g That no Sheriff Mayor Bayliff Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many dayes before having been imprisoned for proclaiming the Kings Proclamation against the bringing in of Plate c. should publish or Proclaim any Proclamation Declaration or other Paper in the Kings Name which should be contrary to any Order Ordinance or Declaration of both Houses of Parliament or the proceedings thereof and Order h That in case any forces should be brought out of one County into another to disturb the Peace thereof they should be suppressed by the Trained bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Town of Hull whilest the King is at York i seizeth on a Ship coming to Him with provisions for His houshold takes Mr. Ashburnham one of the Kings Servants prisoner intercepts Letters sent from the Queen to the King and drowneth part of the Countrey round about the Town k which the Parliament allows of and promise satisfaction to the owners 5 July 1642. They Order a subscription of Plate and Horse to be made in every Countey and list the Horse under Commanders and the morrow after Order 2000. men should be sent to relieve Sir John Hotham in case the King should besiege him to which purpose Drums were beat up in London and the adjacent parts to Hull The Earl of Warwick Ordered to send Ships to Humber to his assistance instructions drawn up to be sent to the Deputy-Lieutenants of the several Counties to tender the Propositions for the raising of Horses Plate and Money Mr. Hastings and divers of the Kings Commissioners of Array impeached for supposed high Crimes and misdemeanours and a Committee of five Lords and ten of the House of Commons ordered to meet every morning for the laying out of ten thousand pounds of the Guild-hall moneys for the buying of 700. Horse and that 10000. Foot to be raised in London and the Countrey be imployed by direction of the Parliament and the Lord Brook is furnished with 6. pieces of Ordinance out of the Tower of London to fortifie the Castle of Warwick And 9. July 1642. Order That in case the Earl of Northampton should come into that County with a Commission of Array they should raise the Militia to suppresse him And that the Common Councel of London should consider of a way for the speedy raising of the 10000. Foot and that they should be listed and put in pay within four dayes after 11. July 1642. l The King sends to the Parliament to cause the Town of Hull to be delivered unto Him and desires to have their answer by the 15. of that moneth and as then had used no force against it But m the morrow after before that message could come unto them they resolve upon the Question That an Army shall be forthwith raised for the defence of the Kings Person and both Houses of Parliament and n those who have obeyed their Orders Commands in preserving the true Religion the Laws Liberties and the Peace of the Kingdom and that they would live and dye with the Earl of Essex whom they nominate General in that Cause 12. July 1642. Declare That they will protect all that shall be imployed in their assistance and Militia And 16. July 1642. Petition the King o to forbear any preparations or actions of War and to dismisse His extraordinary guards to come nearer to them and hearken to their advice but before that Petition could be answered wherein the King offered when the Town of Hull should be delivered to Him He would no longer have an Army before it and should be assured that the same pretence which took Hull from him may not put a Garrison into Newcastle into which after the Parliaments surprise of Hull He was inforced to place a Governour and a small Garrison He would also remove that Garrison and so as His Magizine and Navy
forget their due titles of Earls Lords or Knights because the King had made them so since the beginning of the War or else there must be neither Treaty nor Peace At Uxbridge the time of the Treaty limited for 20. days and at Newcastle for 10. and though the King and His Commissioners at Uxbridge almost petitioned for a cessation in the interim of that Treaty as they had done before in that which was at Oxford it could not be granted nor have a few days added to it and if the King could in Honor and Conscience have granted all the other parts of the Propositions must grant them an Act not onely to confiscate the Estates of His Friends and those that took Arms to save his Life and Estate but to take away their Lives also and not only that but to condemn them of high Treason and attaint their blood when they fought against them which were onely guilty of it a thing so unfitting unusually stood upon as it was never asked in any treaty or pacification among the civilized or more barbarous heathen and amounts to more then Adonibezeks causing the thumbs and great toes of his captive Kings to be cut off and making them to gather the crumbs from under his table or Benhadads demand of Ahabs silver and gold his wives and children and whatsoever else was pleasant in his eyes which the elders and people of Israel perswaded Ahab not to consent unto but was a thing purposely contrived and stood upon to hinder a Peace and was not to be asked or granted by any that could but entitle themselves to the least part of reason or humanity a demand Bajazet would not leave his Iron cage to yield unto a thing nature it self would abhor and the worst of villains and reprobates rather lose their lives then yield to would never be demanded by any but a Devil nor granted by any but his Equals And if their desiring of a War more then a peace and to keep the King out of his own had not been the only cause of such unnatural and barbarous propositions it may well be wondred why they that have made to themselves for we cannot believe they have found any law or warrant to ground it upon a power to take away the Kings life upon a colour or pretence of an unread as well as unheard of piece of Justice should need to strive so hard with the King to give them a power to do that which they are now so busie to do of themselves and as if they had been afraid all this would not be enough to keep the doores of Janus or the Devil open for fear lest the King should trouble them with any more offers or Messages for peace a vote must be made in February 1647. that it should be treason in any man to bring or receive any more Messages from him without consent of Parliament But suppose that which is not that the Parliament could have but found any thing but somewhat like a cause or justification of a war against their Soveraign for notwithstanding all their hypocritical pretences so it was at first intended and so it hath proved to be ever since to whom their Masters the people we mean as to the House of Commons had sent them to consult with not to make a War against him they might have remembred that saying of Cicero if they had found nothing in the book of God and their own consciences to perswade them to it That z duo sunt genera decertandi unum per disceptationem alterum per vim ad hoc confugiendum non est si uti superiori licebit There are other ways to come by pretended rights then by a War and we ought never to make use of a War which is the worst of all remedies if we may obtain it by a better Hen. 2. King of England was made a Judge betwixt the Kings of Castile and Navarre a The Rebellious Barons of England in the raign of King Hen. 3. referred their controversies to the decision of the King of France and his Parliament at Paris And the blood of this Kingdom which ran so plentifully in those unhappy differences was by that means only stopped Charles b the 4. Emperor was made a Judge of the differences betwixt the English and the French Kings For as Albericus Gentilis saith well c Intelligendum est eos qui diffugiunt genus hoc decertandi per disceptationem ad alterum quod est per vim currunt ilico eos a justitia ab humanitate a probis exemplis refugere ruere in arma volentes qui subire judicium nullius velint They that rush into a War without assaying all other just means of deciding the controversie for which it is made and will judge onely according to their own will and opinion do turn their backs to Justice Humanity and all good Examples And in that also the Parliament will be found faulty For the French King and the States of the United Provinces did by more then one Request and Embassy severally and earnestly mediate to make an accord betwixt the King and His Parliament and desired to have all things in difference left to their arbitrement but their Ambassadors returned home again with a report how much they found the King inclined to it how satisfactorily he had offered and how much the Parliament was averse to their interposition and altogether refused it But we have tarried long enough among the Parliament partie from thence therefore for it is time to leave the company of so much wickedness we shall remove to the Kings party and yet that may cause a Sequestration and examine for a fuller satisfaction of that which by the rule of contraries is clear enough already if he were not on the defensive and more justifiable part of the business The King as He was defensor protector subditorum suorum and sworn to see the Law executed had not the sword nor his authority committed to him in vain And if he had no maner of just cause of fear either in His own Person or authority or no cause given him in re laesae Majestatis the imprisoning of His Subjects and plundring and taking away their Estates from them long before He had either armed himself or had wherewithal to do it had been cause as sufficient as to cause a Hue and Cry to be made after a fellon or raise the posse Comitatus to bring Him to Justice and might by the same reason do it in the case of more and by the same reason he might do it by the help of one nothing can hinder but by the same reason he might do it by the help of more When Nathan came to David with a parable and told him of the rich man that had taken the poor mans onely Sheep he that understood well enough the duty of a King was exceeding wroth against the man and said As sure