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A90655 King Charles the First, no man of blood: but a martyr for his peopleĀ· Or, a sad, and impartiall enquiry, whether the King or Parliament began the warre, which hath so much ruined, and undon the kingdom of England? and who was in the defensive part of it? Philipps, Fabian, 1601-1690. 1649 (1649) Wing P2008; Thomason E531_3; ESTC R203147 60,256 72

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hee went out of the field sent Sir William Le-neve Clarenci●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 Subj●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 K●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 Mar●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 Equ●l● power could not bee had b●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 magn●● 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
Lord Keeper Littleton should bee Null and of no force in the Law and that a new Seale should bee provided The King therefore seeing what Hee must trust to 19. September 1642. Being at Wellington in Shrop-shire in the head of such small forces and friends as Hee could get together for the Parliament that very day had received letters That the King but the weeke before having a muster at Nottingham there appeared but about 3000. foote and 2000. horse and 1500. dragoones and that a great part of His men were not provided with armes made His Protestation and Promise as in the presence of almighty God and as Hee hoped for His blessing and protection to maintaine to the utmost of His power the true reformed Protestant Religion established in the Church of England and that Hee desired to governe by the knowne Lawes of the Land and that the Libertie and propertie of the Subject should be preserved with the same care as His owne just rights and to observe inviolably the Lawes consented to by Him in this Parliament and promised as in the sight of almighty God if Hee would please by His blessing upon that Army raised for His necessary defence to preserve Him from that Rebellion to maintaine the just priviledges and freedome of Parliament and governe by the known Lawes of the Land In the meane while if this time of Warre and the great necessity and straights Hee was driven to should beget any violation of them Hee hoped it would bee imputed by God and man to the Authours of the Warre and not to Him who had so earnestly desired and laboured for the Peace of the Kingdome and preservation thereof and that when Hee should faile in any of those particulars Hee would expect no aide or reliefe from any man nor protection from Heaven And now that the stage of Warre seemes to bee made ready and the parliament partie being the better furnished had not seldome shewed themselves and made severall traverses over it for indeede the King having so many necessities upon him and so out of power and provision for it might in that regard only if Hee had not beene so unwilling to have any hurt come to His People by his own defending of Himselfe bee backward and unwillingly drawn unto it wee may doe well to stand by and observe who cometh first to act upon it 22. Of September 1642. The Earle of Essex writeth from Warwick that hee was upon his march after the King and before the 6. of October following had written to the Countie of Warwick with all speede to raise their Trained bands and Voluntiers to resist his Forces if they should come that way and to the three Counties of Northampton Lecester and Darby to gather head and resist him if hee should retire into those parts and by all that can bee judged of a matter of fact so truely and faithfully represented must needes bee acknowledged to have great advantages of the King by the City and Tower of London Navy Shipping Armes Ammunition the Kings Magazine all the strong Townes of the Kingdome most of the Kingdomes plate and money the Parliament credit and high esteeme which at that time the People Idolized the fiery Zeale of a Seditious Clergie to preach the People into a Rebellion and the People head-long lie runing into the witcheraft of it When the King on the other side had little more to help him then the Lawes and Religion of the Land which at that time every man began to mis-conster and pull in peeces had neyther men horse armes ammunition ships places of strength nor money not any of his partie or followers after the Parliament had as it were proclaimed a Warre against Him could come single or in small numbers through any Towne or Village but were either openly assaulted or secretly betrayed no man could adventure to serve or owne him but must expose Himselfe and his Estate to bee ruined either by the Parliament or People or such as for malice or profit would informe against him All the gaines and places of preferment were on the Parliaments part and nothing but losses and mis-fortunes on the Kings No man was afraid to goe openly to the Parliaments side and no man durst openly so much as take acquaintance of his Soveraigne but if hee had done a quarter of that which Ziba did to David when hee brought him the 200. loaves of bread or old Barzillai or Ittay the Gittite when hee went along with him when his sonne Absolom rebelled against him They should never have escaped so well as they did but have beene sure to bee undone and sequestred for it So much of the aff●ctions of the People had the Parliament cosened and stolne from them so much profit and preferment had they to perswade it and so much power to enforce those that otherwise had not a minde to it to fight against him Who thus every way encompassed about with dangers and like a Partridge hunted upon the Mountaines marcheth from Shrewsbury towards Banbury perswading and picking up what help and assistance His better for of Subjects durst adventure to afford Him in the way to which On Sunday the 23. of October 1642. for they thought it better to rob God of his Sabboth then loose an opportunity of murdering their Soveraign T●e Earle of Essex and Parliament Army powring in from all quarte●s of the kingdom upon him had comp●ss●d Him in on all sides and before the King could put His men in battell Aray many of whom being young country fellows had no better armes then clubs and staves in their hands cut out of the hedges and put His two young Sonnes the Prince of Wales and the Duke of Yorke in the guard of a troope of horse at the further end of the field and had finished a short prayer a bullet of the Earle of Essex's Cannon graz●d at His heeles as hee was kneeling at His prayers on the side of a b●●ke for Blague a villaine in the Kings Army having a great Pension allowed Him for it had given notice in what part of the field the King stood that they might the better know how to shoot at him But God having a greater care of his Annointed then of their Rebellious pretences so ordered the hands of those that fought for the King as the Earle of Essex was so loaden with Victories as hee left five of His men for one of the Kings dead behinde him lost his baggage and Artillery retired back to Warwick and left the King to blesse God in the field where Hee supped with such Victualls as the more Loyall and better naturd neighbours sent him when the worser sort refused to do it and lying there all night sent warrants out the next day to the neighbour Parishes to bury the dead drew off His ordnance and marched to Banbury and yet hee could not forget to pitty those were at such paynes and hazard the day before to murther him but before