which Party doth declare and argue more prudentially the Reasons of their severall undertakings in this Quarrell as which Party the Kings or the Parliaments have writ more sufficiently and substantially concerning the subject of their Proceedings in this Warre whose Writings and Declarations have been more true whose most seditious and false which Party hath in their severall Books been most seriously and truly charged and accused of offending which more genuinely and sincerely have argued let the Reader judge So because there may not want Fuell for Contention 't is debated concerning the actions of Violence and Terrour to the People on either part the Kings and the Parliaments which did act with more Cruelty by putting all sorts of People to the Sword spoyling consuming with sire laying wast Houses Villages Towns 'T is known that a a County not farre distant scituate in the chiefest part of the Land gives testimony of consuming by b fire against the one in a sad Record As to the Writings on either side where the one hath propounded and objected what the other hath answered for instance sake take three or four here following for the rest First the Letter to the Governour and Councell of War at Bristol that City being then a Garrison for the Parliament from the Lord Lieutenant-Generall of the Kings Forces c requiring the Governour and Councell there to forbear the putting to death the two Citizens threatning withall to retaliate the like judgment and execution upon some Gentlemen of the Parliaments Party kept Prisoners by the Kings with the resolution and Answer of the Governour and Councell to such Message The quality of which Answer is forejudged already and replyed unto in d Print to be an insolent Pamphlet with other words of scorne which Letter and Answer being here set down the Reader may discerne the difference between the weight of either PATRICK Earl of FORTH Lord ETTERICK and Lord Lieutenant-Generall of all his Majesties Forces I Having been informed that lately at a Councell of War you have condemned to death Robert Yeomans late Sheriffe of Bristol who hath his Majesties Commission for raising a Regiment for his service William Yeomans his Brother George Bourchier and Edward Dacres all for expresing their Loyalty to his Majesty and endeavouring his service according to their Allegiance and that you intend to proceed speedily against others in the like manner do therefore signifie to you that I intend speedily to put Master George Master Stephens Captaine Huntley and others taken in Rebelion against his Majesty at Cyrencester into the same condition I do further advise you that if you offer by that unjust judgment to execute any of them you have so condemned that those here in Custody Master George Master Stephens and Captaine Huntley must expect no Favour or Mercy Given under mine hand at Oxford this 16th of May 1643. FORTH To the Commander in chief of the Councell of Warre at Bristoll The Answer of this Letter was as followeth NATHANIEL FIENNES Governour and the Councell of Warre in the City of BRISTOL HAving received a writing from your Lordship wherein it is declared that upon information of our late proceedings against Robert Yeomans William Yeomans and others you intend to put Master George Master Stephens Captaine Huntley and others into the same condition we are well assured that neither your Lordship or any other mortall man can put them into the same condition for whâ—ther they live or dye they will alwayes be accounted true and honest men faithfull to their King and Country and such as in a faire and open way have alwayes prosecuted that cause which in their judgment guided by the judgement of the highest Court they held the justest whereas the Conspirators of this City must both in life and death carry perpetually with them the Brand of Treachery and Conspiracy and if Robert Yeomans had made use of his commission in an open way he should be put in no worse condition then others in the like kind had been but the law of Nature amongst all men and the Law of arms among Souldiers make a difference between open Enemies and secret Spyes and Conspirators And if you shall not make the like distinction we do signifie unto you that we will not only proceed to the execution of the persons already condemned but also of divers others of the Conspirators unto whom we had some thoughts of extending mercy And doe further advise you that if by any inhumane and un-souldier-like sentence you shall proceed to the execution of the persons by you named or any other of our freinds in your custody that have been taken in a faire and open way of Warre then Sir Walter Pye Sir William Crofts and Colonell Connesby with divers others taken in open Rebelion and actuall Warre against the King and Kingdom whom we have here in custody must expect no Favour or Mercy And by Gods blessing upon our most just Cause we have powers enough for our friends security without taking in any that have gotten out of our reach and power and although divers of yours of no mean quality and condition have been released by us Given under our hand the 18th of May 1643. Nathaniel Fiennes President Clement Walker c. To Patrick Earl of Forth Lord Lieutenant-Generall Secondly e That from the Marquesse of Argyle and Sir William Armine Commissioners from both Kingdomes of England and Scotland fully and in few words delivering their Intentions and Reasons for the Summons sent to the Governour of Carlislâ—a Garrison for the King with his Answer to them full of words pregnancy of wit and iealousie reiecting their Summons and some of his Party derogating elsewhere from the worth of f one of the Commissioners A g third of no great length the Reader hath it in the very words sent from both Houses of Parliament to the King with his Parties descant and scornfull Comment on the same The Message sent from both Houses of Parliament to the King VVE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the contents of a Letter from the Earle of Forth unto the Lord Generall the Earl of Essex we conceive was intended to our selves Have resolved with the concurrent advice aâ—d consent of the Commissioners of the Kingdom of Scotland to represent to your Majesty in all humility and pâ—aiâ—nessâ— as followeth That as we have used all means for a just and safe Peace so will we never be wanting to dâ—e our utmost for the procuring thereof But when we consider the expressions in that Letter of your Majesties we have more sad and despairing thoughts of attaining the same then ever because thereby those persons now assembled at Oxâ—ord who contrary to their duty have deserâ—ed your Parliament are put
presenâ— judgment of the Corvocation at Oxford dated June 1647. which if weighed with the Arguments in the Letter written by the London Ministers to the Lord Fairfax and his Councell of War dated January 1648. in behalf of the Covenant and the keeping it the Reader will soone discern the odds * Suprema Lex Salus Populi n See the Exhortation to the taking the Covenant for Reformation and Defence of Religion c. * Livy * Isaiah * Ciceâ—o o See the Exhortation of the Assembly of Divines to the taking the Covenant Printed Feb. 1643. p See the Lords and Commons Instructions for taking the Covenant The unanimous judgment of most part of the Kingdome observed by their severall Petiâ—ions at that time presented especially that of the Gentry and Trained Bands of the County of Essex presented to their Lord Lieut. the Earl of Warwick Likewise Sir Benjamine Rudyard his speech in the beginning of this Parliament about Popery countenanced See Master May his History Lib. 2. Chapter 6. Page 15. q See the Ordinance of the Lords and Commons assembled in Parliament with Instructions for taking the Covenant r Mr. Alexander Henderson in his reply to the Kings first Paper Å¿ See the Essex Petition before cited t See their Commissioners judgement and intentions concerning Episcopacy Declaring Prelacy to be the cause of all our broilâ— In their Papers dated 24 Feb. 1640. u See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in severall Treatises viz. Upon the Listing Raising Armieâ— against the King Upon the Covenant and elsewhere w See the 6. Article of the Covenant x See the Articles pag. 16 Demand 4 Granted by the King 1641. viz. That none should be admitted to his Councell or attendance but such as should be approved by both Kingdoms y See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 4 and elsewhere in that Book his parties constant 〈◊〉 towards the City of London and upon all occasions of his partâ—s naming it some of them have termed it a Rebellious City a Magazine of Arms and Ammunition raised against their King reproaching it with scornfull Nick-names as they pleased z See their Declaration Printed at Oxford 1643 pag. 14 15. against the suggested irregular and undue procâ—edings of the Common-Councell the Represenâ—ative of the whole City a See in the Letter of the Ministers their notice taking of the Parliament and Armies conceipt had of the Covenant page 8. b See his Parties opinion of the Covenant and the taking of it in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} pag. 113 114 115. whether and how far it is to be kept how little uniformity in the taking or keeping it and for what purpose in the Authors judgment framed at first how ambiguous and hard to be understood how much mistaking or dissembling in the making it at first or mis-representing by those who like it noâ— that howbeit one part thereof is That they had then no intention to diminish the King's just Power and Greatnesse the Authour in the King's name conceives that it was made and intended against the King as in many places of the Treatise against the Covenant the Kings Party complaineth See also the Kings Declaration since the Paciâ—iâ—aâ—ion against the Scots and the Covenant pag 8 which opinion of his see confirmed in the Marquesse of Montrosse his Declaration set forth 1649 As in a Bâ—ok called the History of the Kings affairs in Scotland before cited pag. 6. * Paâ—auâ— * St. Ierome c See their Acts and Ordinances for raising Contribution-money towards the Warrs throughout all Counties exempting the Universities and other Colledges from such Payments * Oxford d See the like observed in the Consecration of the Bishops of England written by Mr. Mason sometimes Fellow of Merton Colledge in Oxford in his Epâ—stle to the Archbishop of Canterbury e See their Remonstrances since the beginning of this War h See their Remonstrance before cited i See the Declaration of the Lords Commons assembled at Oxford c. printed there 1643. p. 24. 26. 27. k In the Treaâ—ise concerning the Kings retirement from Westminster n Written by Mr. Tho. May 1647. beginning at pag. 6. unto pag. 46. o See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 1. on the Kings calling the Parliament p Mr. May his History q Mr. Hollis his Speech r See the 36 Statute of Edw. â— r See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise to upon their seizing the Kings Magazines Forts Navy and Militia Å¿ Hen. the 7. t In their Apology Printed soon after the â—nglâ—sh Army went toward Scotland y Tantum res 〈◊〉 câ—m qu 〈◊〉 satellâ—ith 〈◊〉 Pontific is 〈◊〉 Iewel in Apolog. Eccles. Anglican z The speedy and effectu-suppressing Errors and Schisms is charged on him b K. Iames his Speech before-mentioned c See the Oxford Declaration pag. 19. d In the treatise concerning the Kings going to the House of Commons to surprise the five Members g Marlborougâ— Decemb. 1642. h See the Oxford Declaration page 26. 27. i See the same Declaration page 11. * 25 Edw. 3 l Sir Edward Cooke his Collections concerning the Authority of the Parliament in the fourth Book of his Institut m Quanquam Principes sunt ex numero {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} tamen natura temporis ratione prius sueâ— int Subditi Princ pes veâ—o nisi qui Tyrannidem usurpârint non naturà ut Patâ—es sed suffragio Subditorum gratia constituti sâ—nt Iâ—de illud Domini apud Daniel 4. 32. Scias quod dominetur Altissimus in regno homin um cui volueâ—it dabiâ— illud Ex quâ— sequitur non Regum causâ Subditos nasci sed Reges commodis SubditoruÌ„ inserviâ—e debere Bucan. Institut Theolog. Tractat. de Magistratu Thomas 1 part 1 samma Theolog. quest 9. Art 3 4. n The Author of the Peoples Plea * Aristotle * Tertullian * Treatise 26. p Master Lambards Eirenarch cap. 2. in his Tract on King Edw. the third his Writ directed to the high Sheriff of Kent for the Proclaming Peace where he speaks first of Uâ—iting Minds then of Restraining Hands as a meanes for the preservation of the publick peace * See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} upon the Covenant * See the Covenant * Pag. 16. Demand 4. q At the defeat given them by Montrosse at Kilsyth eveâ— to the ruining the State of Scotland when the Lord Fairfax the English Generall and other Commanders in chief wrote to the Earle of Leven the Scottish Generall that they accounted the calamities of Scotland to be their own and would willingly adventure their owne blood for the Scots as for the English till the Enemies of the three Kingdoms were fully vanquâ—shed See the Breviary of the History of the Parliament of England r Noli in caducum parietem inclinare Lipsius Politic. * In sapientem non potest cadere Injuria Seneca Å¿ See the exhortation for and touching the taking the Covenant annexed to the Covenant Printed 9 February 1643 t Commonly discoursed in the Diurnalls and Occurrences Printed in Aprill and May 1651. * Psal. 19.
into an equall condition with it and this Parliament coâ—vâ—ned according to the known and fundamentall Lawes of the Kingdome the continuance whereof is established by a Law consented unto by your Majesty is in effect denied to be a Parliament the scope and intention of that Letter being to make provision how all the Members as it is pretended of both Houses may securely meet in a full and free Convention of Parliament whereof no other conclusion can be made but that this present Parliament is not a full and free Convention of Parliament that to make it a full free Convention of Parliament the presence of those is Necessary who notwithstanding that they have deserted that great Trust and doe levy War against the Parliament are pretended to be Members of the two Houses of Parliament And hereupon we think our selves bound to let your Majesty know that seeing the continuance of this Parliament is setled by a Law which as all other Lawâ—s of your Kingdoms your Majesty hath sworn to maintain as wee are sworn to our All giance to your Majesty those obligations being reciprocall we must in duty and accordingly are resolved with our Lives and Fortunes to defend preserve the Just Rights and full power of this Parliament And doe beseech your Majesty to be assured That your Majesties Royall and hearty concurrence with us herein will be the most effectuall and ready means of procuring a firm and lasting peace in all your Majesties Dominions and of begetting a perfect understanding between your Majesty and your People withâ—ut which your Majesties most earnest Professions and our reall Intentions concernign the same must necessarily be frustrated And in case your Majesties three Kingdomes should by reason thereof remain in this sad and bleeding condition tending by the continuance of this unnaturall Warre to their Ruine your Majesty cannot be the least nor last sufferer God in his goodnesse incline your Royall breast out of pitty and compassion to thâ—se deep sufferings of your Innocent People to put a speedy and happy issue to these desperate Evills by the joint advice of both your Kingdoms now happily united in this Cause by their late Solemn League and Covenant Which as it will prove the surest remedy so is it the earnest Prayer of your Majesties loyall Subjects the Lords and Commons assembled in the Parliament of England Westminster the 9th day of March 1643. Grey of Wark Speaker of the House of Peers pro tempore William Lenthall Speaker of the Commons-House in PARLIAMENT The Kings parties Apprehension and Comment on the Letter in these words Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming language in them to call his Majesties earnest endeavours for peace but Professions and their own feigned pretences most reall Intentions but much more wonder at that menacing language that his Majesty cannot be the least nor the last sufferer which expressions from Subjects in Arms to their Soveraign what dangerous construction they may admit we are unwilling to mention Thus much for the Kings parties Comment on the Letter One other intercourse of Messages between both Parties of a latter time The Summons sent by the Committee of both Kingdoms to the Governour of Newarke for surrendring that Towne and Fort The h Summons expressing perswasive and valid reasons to surrender it the Governour rather his Secretaries Answer full of good Language courage and strength of wit wherein mentioning the Kings Letter sent the 23 of March 1644. unto both Houses of Parliament he urges the Kings granting Graecious Conditions and proves it in that he would Disband his Forces Dismantle his Garrisons c. he who penned the Answer recites not all the Kings Proposalls as that he would have withall his Friends pardoned the Sequestration taken from off their Estates and the like either he saw not the Kings whole Letter being he recites but one part only or else he smiles in his sleeve thinking by his reserved Comment on the Letter to satisfie the Committee there and the whole Kingdom besides of the Kings gracious inclination in that Letter whereof the Answerer reciteth but one part the offering those promises which he mentions and commends the King for seems like Sathans contracting with our Saviour in the Gospell who tells him of large gifts to give him all the Kingdomes of the Earth and the glory of them but on what condition On such as Christ his purity and immunity from all sin could not accept viz. to fall downe and worship him The Kings Letter was easily to be understood by any who shall read it collectively and all together but not a part only as of disbanding his Forces dismantling his Garrisons with other the like gracious proffers made but on what condition are they made to have his friends pardoned and their Sequestraâ—iâ—ns wholy taken off Such manner of collective speaking being conditionall the one is not expected to be done on the one side if the rest be not performed on the other The Answerer 's mentioning so much of the Letter as may serve the turn in reciting the Kings gracious promise leaves out on what condition the promise is made the condition annexed to the promise frustrates the vertue of the promise for that which the answerer calls gracious in the Kings Letter of Disbanding his forces if nothing else were to be expected are in every mans Iudgement as in the Answerers gracious indeed but that the Kings expects to have his Friends pardoned the Sequestrations wholly taken off from their Estates were by the Parliaments giving way to the revoking their own Iudgments to accuse themselves of Injustice-doing to put them whom they accounted Offenders and their enemies into as good or better condition then their own friends the Answerer if knowing the Kings whole letter and would contract it into parts reciting only that which serves his turne the Committee being presumed solid and understanding Gentlemen would questionlesse follow the dictates of their own Iudgment without replying to the Answerer For an handsome Dialect and height of wit which haply may delight some Readers but cures not the distempers and calamities of a Civil war nor satisfies the serious expectation of unbiassed spectators or Actors in these Tragedies it is confessed that the Assembly at Oxford and their Party in their Quarters there having the more facete and nimble wits with the help influence of the Youth and Schollers there not ripe enough nor versed in the Laws policies of a State may seem to exceed the Parliament and those whom the Parliament imployes in their expressions but let the Books on either side be examined by the test of Reason and Prudence the Reader will soon discern the difference and these foure remarkeable Messages instanced in may decide the contest none other of all their conflicts of that kind being more opposite each to other nor any of their Messages reciprocally sent more disdainfully rejected on