The Introduction.

IN every Action conſider the End, ſo ſhalt thou not be aſhamed of thy Work, was a wiſe Saying, and had this Effect upon me, That I no ſooner reſolv'd with my ſelf to make ſome Reply to this Anſwer of Mr. Milton's, than I began to conſider three things (and as I thought) neceſſary, for the better carrying it on: Which in ſhort are theſe.

1. To what End this 〈 in non-Latin alphabet 〉 was firſt Written. 2. To what End (and that after a forty odd Years interval) it came to be reprinted; at Amſterdam too, and with an Advertiſement before it. 3. What end I propos'd to my ſelf in making this Reply.

I. As to the firſt, let the Book ſpeak for it ſelf, and there are few Leaves in it, but viſibly declare that Milton's end was, To juſtifie the unparallell'd Villainies of his own time, Et quorun pars magna fuit. — Wherein the beſt of Monarchies was ſhook to pieces, by the worſt o • Men: A King (whoſe only Crime was his being King) diſarm'd by one Faction, and in tha • condition left to the growing Deſigns of another, and the mercileſs Cruelty of both: Th • Fountain of all Law, Juſtice and Honour, publickly arraign'd, ſentenc'd and aſſaſſinated, b • the Tail of the People; and that too, under the falſe detorted Names of Law, Juſtice and Honour of the Nation; and God as impiouſly brought in againſt himſelf, to Patronize th • Parricide; to defend the Tyrranny of an uſurping Commonwealth, againſt their natura • Liege Lord and Sovereign; to vindicat • thoſe dreggs of Mankind, from what th • World then thought them, and a later Statut • has ſince declared them:1. Cor. 2. c. 14. viz. The moſt traiterous Conſpiracies, and armed power, of Uſurping Tyrants, and Execrable, Perfidiou • Traitors: And laſtly (as if it were not enough to have murther'd Him in his Authority as 〈◊〉 King, and his Perſon as a Man) to murthe • Him over again in His Fame and Memory.

This Milton (the Gall and bitterneſs of whoſ • Heart had ſo taken away his Taſte and Judgment, that to write, and be ſcurrillous, wer • the ſame with him) is dead, 'tis true, and ſhoul • have been forgotten by me, but that in thi • new Impreſſion he yet ſpeaketh. To write and be ſcur • illous (I ſaid) were the ſame with him: Witneſs his Pro populo Anglicano Deſenſio • againſt Salmatius (a learned Knight) hi • Defenſionem Regiam; and, who as ſuch, might have deſerv'd the Civility of a modeſt Language: Yet thus he begins with him, Quamquam tibi vano homini & ventoſo, multum arrogantiae, multum ſuperbiae, Salmati, &c. and further calls him Grammaticaſter, Stramineus Eques, and the like ſtuff, which proves nothing but the inſolence of the Writer. That he wrote good Latin will be readily granted, but with this remark, That it was Billingſgate in Rome: As alſo, That he was a Perſon of a large thought, and wanted not Words to expreſs thoſe Conceptions; but never ſo truly, as when the Argument, and his deprav'd temper met together: Witneſs his Paradiſe loſt; where he makes the Devil, —Who, though fallen, had not given Heaven for loſt, — ſpeak at that rate himſelf would have done of the Son of this Royal Martyr (upon his Reſtauration) had he thought it convenient; when, in his Paradiſe regain'd, he is ſo indifferent, poor, and ſtarvling, as if he never expected any benefit by it. But enough of him; and I wiſh I had not met this juſt Occaſion of having ſaid ſo much.

II. To what end it was reprinted, &c. Glory had departed from the Iſrael of thoſe times, at what time it pleas'd God in Mercy to theſe Kingdoms, to reſtore King Charles the Second to the Throne of his murther'd Father; but that they yet expect the Advancement of the Sceptre, and that as obſtinately, as the Jews their Meſſias, were there no other Argument, the very re-impreſſion of this Book may ſeem ſufficient to evince; eſpecially if we conſider the following Circumſtances.

1. That it bears the Impreſs from Amſterdam, a Popular State; to the freedom of whoſe Preſſes we are beholding for many things we had otherwiſe miſs'd: However, whether it were that Amſterdam, or another of the ſame Name, in or near London (as Printers have a way to themſelves) it matters not, its Principles are altogether Republican, and whoever he were that thus ſhuffled it into the World, took the right courſe, in chuſing darkneſs rather than light, becauſe his Way was evil. To have offered at a Commonwealth directly, had been Madneſs; and yet, who knew how he might turn it about by a Side Wind?

2. That a Book which from its firſt impreſſion had been Waſte-Paper, and never read (by any good Man) without Contempt, ſhould (after an interval of two and forty Years) be raked out of its forgotten Embers, if the deſign at bottom had not been to re-mind the People of the days of old, and hint to them, how the ſame Cards may be play'd over again, as God ſhall enable them, i. e. as opportunity ſhall offer. And, if this be not the drift of it, let any Man judge; when in beſpattering that good King, it repreſents to them, by a falſe Glaſs, what they may expect from other Kings; and, in effect tells them, A Lyon is ſtill a Lyon, and tho' his (laws be pared they'll grow agen.

3. That (as if there had been ſome private agreement between them) it was ſeconded by another to the ſame Tune, intituled, A Letter from Major General Ludlow to Sir E. S. which whether it were his, or his Name only made uſe of to ſerve a turn, will not be much in the Caſe, tho' it confirm the Deſign. The name is yet a popular name among that Faction, and himſelf, a daring Man; witneſs his late regreſs into England, and that not Incognito, but in the face of the Sun, in Weſtminſter-Hall, a Parliament, and Judges then ſitting, where once he ſate Judge himſelf; and had there been a third of Mr. Jenkins's to have rung All-in, What wonder if the Sheep had followed their Bell-weathers?

And if this were not the Deſign, ſtrange it ſeems, and no ſmall breach of Politicks, to have thruſt it on the World, at a time when three of the Grand-Children of that King, are yet Living, and two of them in poſſeſſion of the Throne. It was one of Milton's Sarcaſms to Salmatius (Patrem defendis ad fillum, mirum ni cauſam obtineas!) You defend the Father to the Son, no wonder if you carry the Cauſe! But on the other hand, how can any of His Poſterity think themſelves ſecure, while the murther of the Grandfather is yet mention'd without abhorrence? When (in a manner) it hints the Faction with the Proverb (Stultus qui, patre caeſo, pepercit liberis, tandem aliquando patriae necis futuros vindices:) He's a Fool that kills the Father, and ſpares the Children, who ſome time or other will be ſure to revenge it.

But malicious, and nothing but malicious, could be the Printing the Advertiſement at the end of his Preface, grounded it ſeems upon a Memorandum of the Earl of Angleſey's: Viz.

King Charles the Second, and the Duke of York, did both (in the laſt Seſſion of Parliament, 1675. when I ſhewed them, in the Houſe of Lords, the Written Copy of this Book (meaning • con Baſilica) wherein are ſome corrections and alterations, written with the late King Charles the Firſt's own Hand,) aſſure me, That it is none of the ſaid King's compiling, but made by Dr. Gawden Biſhop of Exeter, which I here inſert for the undeceiving others in this point, by atteſting ſo much under my hand.

Angleſey

And that the Earl might have left ſuch a Memorandum as is ſaid, I do not doubt, becauſe I have heard of it ſo often; but what end the firſt Publiſher of it had, I cannot deviſe; unleſs it were to Crucifie his Lord again, and by putting in his Stab to His Memory, expoſe him a ſecond time (which the more merciful Jews did but once to our Saviour) with a, Behold the Man! and yet notwithſtanding all this, I doubt not to evince it to every unbiaſs'd Man, that this (The Portraiclure of his Sacred Majeſty, King Charles the Firſt, in his Solitudes and Sufferings) was an Original drawn by Himſelf, and not by any other Hand, or Pencil: For,

1. He was able to do it, as having been early bred up to Letters, in deſign (if Prince Henry had lived to be King) for the Archbiſhoprick of Canterbury. To which if it be ſaid, He had ſome little difficulty of Speech: I anſwer,Jer. 1.6. Exod. 4.10. Neſcivit Jeremias loqui, and Moſes himſelf was Impeditioris Linguae. And what of that? It is the Office of a Steward to ſee the Proviſion be good, and that the Family have it in due Seaſon: but (I think) no Man will ſay, to Cook it himſelf.

2. Theſe Meditations are written feelingly, and carry with them the Senſe and Language of a Perſon under ſuch Circumſtances. Jeremiah in his Prophecy denounceth Judgments to others, and ſpeaks with the Tongue of him that ſent him; but in his Lamentations, we ſee him in diſtreſs himſelf, and his Stile is as mournful, as the City he bewails. And he that reads Job with due conſideration (inſtead of doubting whether he wrote it himſelf) cannot but ſit down and weep with him: Eſpecially, taking this with it, that the Holy Ghoſt (in his Pen) labours more to deſcribe that affliction, than ever it did the Felicities of Solomon.

3. Neither the Thought, nor Stile are in the leaſt like that of Biſhop Gawden; nor is it to be doubted, if he had been the Author of ſo well a deſign'd Service to the Memory of a diſtreſs'd Father, but that he might (on the Son's Reſtauration) have reaſonably deſerv'd a better Biſhoprick than that of Exeter; eſpecially, when ſo many of thoſe Vacancies were fill'd with Covenanters. Whereas on the other hand, do but compare this Icon, with his Majeſty's Speeches in Parliament; with his Diſcourſe about Religion with the Marqueſs of Worceſter; His Papers with Henderſon touching Epiſcopacy; His Letters to the Queen; Thoſe his frequent (tho' fruitleſs) Meſſages to both Houſes, from Hampton-Court, and the Iſle of Wight, when he was under reſtraint, debarr'd of every one that might aſſiſt, or comfort Him, and the Company obtruded upon Him was more ſad than any Solitude could be; compare (I ſay) this Icon, Icon. Baſ • . 195. and them together, and then tell me whether they do not all breathe the ſame Soul; and conſequently, whether they can juſtly be denied to have proceeded from the ſame Pen. And for what the Memorandum further ſays, That King Charles the Second, and the Duke of York, did aſſure him, it was none of the ſaid King's compiling, &c. An Earl (it is ſaid) wrote it, and I diſpute it not; but this I ſay, That neither the King, nor the Duke could ſpeak it of their own knowledge, but as by report from others, becauſe the King, then Prince of Wales, from his Expedition into the Weſt with General Ruthien, from whence he went off to France, could not have ſeen His Father in near four Years before His death, and therefore it ſeems improbable that the King ſhould have ſhewn him a Letter To the Prince of Wales, and at the ſame time told him it was not of his own compiling; when yet the Letter ſays,Id. I •• n 221. Son, if theſe Papers come to your hands, &c. and concludes, Farewel, till we meet, if not on Earth, yet in Heaven. And if the King did not tell him ſo, then what he aſſured the Earl could not be of his own knowledge: And for the Duke of York, he was under Thirteen at the Surrender of Oxford, from whence he was brought to St. James's, where he made his Eſcape for Dort; ſo that except when he ſaw his Royal Father at Hampton-Court (which could not be often) he could not have ſeen him in two Years and an half before his Death: Nor ſeems it probable that the King ſhould communicate his Thoughts with a Perſon of thoſe Years, albeit a Prince, and his Son, but not his next Heir: But on the contrary, more probable for both, that what they ſo ſpake, was but by report, which young Princes are but too apt to take up, from thoſe, who, to cover their own Ignorance, perſwade them it ſmells too ſtrong of the Pedant, for a King to take up a Pen; when yet the greateſt of former Ages, are oftner remmembred by their Pens, than their Swords. Caeſar yet lives in his Commentaries. M. Aurelius in his Philoſophy; and we may read Trajan by his Epiſtles to Pliny. But to come nearer home: Our Henry the firſt is as well known by the Name of Beauclerke, as of King of England. Henry the Eighth's Pen, not his Sword gave him the Title of Defender of the Faith. And this the Royal Portraict of our murther'd Sovereign, ſhall outlaſt every thing but it ſelf, and Time.

Laſtly; And if there yet want ſome living, credible Teſtimony of that time, or matter of Record ſince, Sir William Dugdate (an indefatigable Searcher of our Engliſh Antiquities, and perfect Maſter of the Tranſactions of his own Time) gives us this gradual account, viz. That theſe Meditations had been begun by His Majeſty in Oxford, long before he went from Oxford to the Scots, under the Title of Suſpiria Regalia: That the Manuſcript it ſelf written with his own Hand, being loſt at Naſeby, was reſtored to him at Hampton-Court, by Major Huntington, who had obtain'd it from Fairfax. That Mr. Thomas Herbert (who waited on His Majeſty in his Bed-Chamber in the Iſle of Wight) and Mr. William Levett (a Page of the Back-ſtairs) frequently ſaw it there, and not only read ſeveral parts of it, but ſaw the King divers times writing farther on it. And that, that very Copy, was by his Majeſty's direction to Biſhop Duppa, ſent to Mr. R. Royſton a Bookſeller at the Angel in Ivy-Lane, the 23d of December, 1648. who made ſuch Expedition, that the Impreſſion was finiſh'd before that diſmal 30th of January, on which the King was bereft of his Life: As may be better read from himſelf, Sir W. Dugd ••• 's Short View, &c. p. 380, 381. in his Short View of the late Troubles in England. And this further I ſpeak of my own Knowledge, That the very next Morning after that horrid Act, I ſaw one of them, and read part of it, under the Title of 〈 in non-Latin alphabet 〉 , which it now bears. And for matter of Record, and that the World may the more undeniably be convinc'd, that both King Charles the Second, and King James the Second, did believe this Book was written by their Royal Father, let him that doubts it but look upon Reliquiae Sacrae Carolinae, Printed it the Year 1662, or any Impreſſion of this Book ſince that time, and he will find prefix'd to them, a Privilege or Patent of King Charl • the Second, to the ſaid Mr. Royſton, his Executors, &c. for the ſole Printing and Publiſhing the Book intituled Reliquiae, &c. and all other the Works of his ſaid Royal Father; and mo • eſpecially mentions theſe moſt excellent Meditation and Soliioquies, by the name of 〈 in non-Latin alphabet 〉 . And it ſo happening that moſt of that Impreſſion in 1662. coming to be loſt in the Fire of London, whereby the Book became very dear, an • ſcarce to be had, King James the Second, upon his coming to the Crown (reciting thoſe former Letters Patent) grants him the like Privilege for the Printing and Publiſhing the ſaid Book as it had been in the Year 1662. And now what ſhall an honeſt Man do in ſuch a Caſe? ſ • a • he give Credit to a bare Memorandum of what another ſaid (and as 'tis moſt probable) by report only; or (ſay the Circumſtances before were not of weight) to two Records? For my part, I take the King's Certificate to be of high nature, yet I ſhould hardly believe th • King himſelf, againſt any one ſingle Record, againſt which the Law of England admits no Averrment; and therefore I think no Man ought to make more of a Poſthumous Memorandum, than what the Law makes of it. In a word, theſe Pathetick Meditations no ſooner came abroad, than the Nation was undeceiv'd concerning the Author; the Scales were fallen from their Eyes, and they religiouſly look'd on Him, whom in the ſimplicity of their Hearts they had pierced. Theſe our Phariſees ſaw, and confeſt it themſelves, but (ſaid they) if we let it alone the Romans will come and take away our City: And therefore finding they could not ſuppreſs them, they made it their Euſineſs (what in them lay) to blot them: Nay to that impudence they were arrived, that (and I ſaw it my ſelf) this Icon was expoſed to Sale, bound up with the Alcoran.

III. What end I propoſed to my ſelf in making this Reply. And that's eaſily ſhown; nor is it forbidden any Man to burn Incenſe where the Air's infected. That this Royal Martyr has been calumniated is but too viſible; but how juſtly, I am coming to examine: In which I have this advantage to my hand, That Time, the Mother of Truth, has juſtified her Daughter concerning Him, and might have ſtopt the Rancour of his moſt inveterate Enemies, but that nothing (how evident ſoever) can affect thoſe, that have a ſecret againſt bluſhing. To be ſhort, my end is to vindicate this Good, this Juſt (however Unfortunate) Prince; to blow off that Froth, that has been thrown on his Memory; and (according to my ſtrength) deliver him to the World as he was: A great (if not the only) ſteddy Example of both Fortunes and of a Mind unchang'd, in the greateſt change of either. A Prince Learned, Eloquent, Affable Courteous, and born for the Good of Mankind, his Lot had fallen among a better People. One (i • a word) who if he had any fault, it was h • not timely adverting his Father's dear-bough Experience, who thus confeſſes of himſelf Where I thought (by being gracious at th • beginning) to win all Men's Hearts to a loving and willing Obedience,Baſilicen Doron, p. 23. I on the contrary found the diſorder of the Country, an • the loſs of my Thanks, to be all my Reward. Which, how truly it was verified in this H •• Son, will be the Subject of the enſuing Diſcourſe.

And ſo I come to this Accuſer and hi • Book; in the examining which, I ſhall follow his own Method; and as he pretends to anſwer the King, make him a ſuitable Reply: and tha • alſo, with as much brevity as I can; for, neither needeth ſo much Barbarity any Aggravation nor ſo plentiful an Argument (as the Vindication of an oppreſs'd King) any Art to infor •• it.

But I ſtay too long in the Porch: The King's Meditations are thus Intituled; 〈 in non-Latin alphabet 〉

That is, as the Engliſh Title ſpeaks it, Th • Portraicture of His Sacred Majeſty. And this Anſwer of Milton's, 〈 in non-Latin alphabet 〉

That is, the Breaker-in-pieces of that Portraicture: Which, how he has done—Sub Judice L • eſt.

CHAP. I. Ʋpon the King's calling his laſt Parliament.

THAT (ſaith he) which the King lays down here as his firſt Foundation, Milton, p. 1. and as it were the Head Stone of his whole Structure, That he called this laſt Parliament not more by others advice, and the neceſſity of his affairs, than by his own choice and inclination, is to all knowing Men ſo apparently not true, that a more unlucky and inauſpicious Sentence, and more betokening the downfal of his whole Fabrick hardly could have come into his Mind. And a good mannerly beginning! A Man may not ſay to the King, What doſt thou? and yet it ſeems, may tell him,Eccleſ. 8.4. He lyes. And without proving any thing, but throwing it out boldly that ſomewhat may ſtick, charges the Court Paraſites (as he calls them) with their averſeneſs to Parliaments; and that the King never called a Parliament but to ſupply his Neceſſities, and having ſupplied thoſe, as ſuddenly and ignominiouſly diſſolv'd it, without redreſſing any one Grievance of the People: And broke off the Parliament at his coming to the Crown for no other cauſe than to protect the Duke of Buckingham againſt them who had accuſed him, beſides other heinous Crimes, of no leſs than poyſoning the deceaſed King his Father.

In reply to which it is but neceſſary to take notice of the condition of that time: The Parliament had engaged King James in a War with Spain, in which the Parliment 1 Car. 1. deſerted his Son: He had a large Dominion, and a flouriſhing Kingdom left him; but (as I ſaid a War and an empty Treaſury with it; beſide which, King James died in Debt,

To the City of London, One Hundred and Twenty Thouſand Pounds, Vid. Annals of K. Charles 1. • in R •• . 1. and •• r. R •• w. C • ileet. 1 Pa •• . F • . 179. beſides Intereſt.

For Denmark, and the Palatinate, One Hundred and Fifty Thouſand Pounds.

For his Wardrobe, Forty Thouſand Pounds.

Laid out for his Navy, Twenty Thouſand Pounds.

For Count Mansfield, Twenty Thouſand Pounds.

For the Expence of his Fathers Funeral, Forty two Thouſand Pounds.

For the Queen, Forty Thouſand Pounds.

And to equip and pay the Navy for the Expedition for the Palatinate, Three Hundred Thouſand Pounds.

And what was worſe than all this, there had follow'd King James out of Scotland a ſort of People whom himſelf calls Puritans, very Peſts in the Church and Common-weal: whom no deſerts can oblige,Baſ ••• n Dor •• . p. 31. nor Oaths or Promiſes bind; breathing nothing but Sedition and Calumnies; aſpiring without meaſure, railing without reaſon, and making their own Imaginations, the Square of their Conſcience. Theſe Men had by degrees ſpread themſelves through City and Country, and watch'd the People (like Hawks) ſo long, till they could do any thing with them, and ſow what they pleas'd as they found them napping. Nor wanted there ſome of the ſame Kidney here among our ſelves, who under the ſpecious pretences of eaſing the People, had got the command of moſt of their Purſe-ſtrings. King James ('tis true) might have helpt it at firſt, if his Beati Paciſici, (that is) Give Peace in our time O Lord! had not been too much in his Light; by which means all Remedies in his Son's time came too late, and joyn'd with the Diſeaſe, to the deſtruction of the Body.

In this Caſe, what could King Charles the Firſt do? Monarchy is more Ancient and Independant, than Parliaments; and yet their Advice and Aſſiſtance, makes it more compacted: He calls a Parliament in the firſt Year of his Reign, which ſate not long: And another in his Second, in which he lets them know his, and the Kingdoms condition; and particularly, that of the Palatinate: Inſtead of anſwering which, they fall into Debates and Reflections, againſt the Duke of Buckingham, and at a Conference of both Houſes, Vid. The 〈…〉 of 〈…〉 in 〈…〉 p. 15. •• 1. p. 104. the Commons deliver in an Impeachment of thirteen Articles againſt him; the laſt of which was, That the King being ſick of an Ague at Theobald's, the Duke had given him a Plaiſter and a Poſſet-drink without the Advice and Conſultation of his Phyſicians. Three days after, the King (by meſſage to them) takes upon himſelf, as having full knowledge of all thoſe tranſactions, to clear the Duke of every one of thoſe Articles:P ••• . C •• . 〈…〉 However the Duke makes his Defence to the Lords, and puts in his Anſwer and Plea to the Impeachment made againſt him by the Commons: And to the thirteenth Article, ſays, That having been recovered himſelf of an Ague, by a Plaiſter and Poſſet-drink given him by a Phyſician of the Earl of Warwick's, the King impatiently preſs'd to have it, but was delayed by the Duke, who pray'd the King not to make uſe of it, but 〈◊〉 the Advice of his own Phyſicians, nor till it w •• tryed upon one Palmer (of the Bed-Chambe • then alſo ſick of an Ague, which the King ſaid he would do: However, the Duke being go •• to London, the King would have it, and 〈◊〉 took it; and upon his return, hearing a Rumo •• that the Phyſick had done the King hurt, as that it had been adminiſtred by him witho •• Advice, the Duke acquaints the King with i •• who with much diſcontent anſwer'd thus, The • are worſe than Devils that ſay it. And ſo having put in his Anſwer, the Duke moves th • Lords, that the Commons might expedite the Reply: Inſtead of doing which, they Petitio • the King againſt Papiſts, and ſuſpected Papiſt holding Places of Authority and Truſt in th •• Kingdom, and draw a Remonſtrance again • the Duke, and Tonnage and Poundage, o • which, that Parliament was diſſolv'd by Commiſſion. Whereas this Accuſer would pe • ſwade the World, that the King broke off th • Parliament, for no other cauſe than to prote •• the Duke againſt them who had accuſed him 〈◊〉 no leſs than the poiſoning his Father. And tr • ly I was once wondring why he ſaid nothing touching the Parliament of the third of King Charles, till I conſidered, it was in that Parliament that the King paſt the Petition of Right with Soit Droit ſait come il eſt deſire: He found it was not for him, and therefore reſolv'd i • ſhould make nothing againſt him. When o •• the contrary, he reproaches the King with illegal Actions to get Money, leaſt conſidering i • was the Art of that time to reduce the King to Neceſſity, to the end that being forced to extraordinary means, he might attract a popular Odium. And here alſo he quarrels at Straws; and rather than not want matter, he'll find a Knot in a Bullruſh. For what other can he make of thoſe Compulſive Knighthoods, Milt. p. 2. when the King had the Statute of 1 Edw. 2. De militibus to warrant it? In like manner for the Ship-money: The Dutch (in the Year 1634.) had encroach'd upon the Royalty of the Northern Seas; upon which the King (ſo loath was He to do any thing that might but ſeem illegal) writes to the Judges, and demands their Opinions in Writing, whether, when the good or ſafety of the Kingdom in general is concern'd, the King may not by Writ under the Great Seal, command all His Subjects of this Kingdom, to furniſh a certain number of Ships and Men, for ſuch time as the King ſhall think fit, and by Law compel the doing it in caſe of refuſal? And whether in ſuch a caſe he is not the ſole Judge both of the danger of the Kingdom, and when and how the ſame is to be prevented and avoided? V. The caſe, and all the Arguments on both ſides, Printed in 4 to As alſo in the ſaid Annals from p. 550. to p. 600. To which every one of the twelve Judges (repeating the very Words of the King's Letter) ſubſcribed their names in the Affirmative. And though J. Hutton, and J. Crooke afterwards fell off; yet, upon arguing the matter by all the Judges in the Exchequer-Chamber (in the Caſe of Mr. Hambden) the majority of them gave their Opinions for the Writs, on which the Barons gave Judgment.

Then for Monopolies; every thing is not a Monopoly, that may be call'd ſo; and therefore becauſe he gives no particular inſtance either as to them; or the King's ſeizing (Naboth's Vineyard as he calls it) Inheritances, under the pretence of Foreſt, and Crown-Lands; and Corruption and Bribery compounded for; I ſay no more but this, that Generals imply nothing and conſequently deſerve no particular Anſwer But this I know, that in the Parliament of 44 o • Queen Elizabeth, a Bill was preferr'd for Explanation of the Common Law in certain caſes of Letters Patents,V. Sir Simon D'ewe's Journal of the Commons. 44. Eliz. viz. touching Monopolies, and was ſtrongly bandied on both ſides: O • this the Queen ſends them a Meſſage, That a ſhe was not conſcious to herſelf ſhe had granted Letters Patents of any thing that was Malu • in ſe; V. Townſend's C • llections. 44. Eliz. ſo when it ſhould appear that ſhe had made any ſuch Grant, it ſhould be revok'd or otherwiſe redreſſed: on which the Common make her an humble Addreſs of Thanks, and a Grant of Subſidies: and yet I do not find the Queen ever did any thing in it: But what the King did as to the Grievances (for that was the Word) I ſhall come to ſhew preſently.

The next thing he trumps up, is, The King' • having the ſecond time levied an injurious War againſt his Native Country, Milt. p. 3. Scotland; a Wa • (ſaith he) condemned and abominated by the whol • Kingdom, and which the Parliament judged one o • their main Grievances. Nor without reaſon, for that was a cover'd Diſh, and had been long before cooking for their own Tooth: They knew it would keep cold for another time, and the King was not yet become neceſſitous enough to have it opened at preſent. But, to obſerve the wording it! The King levied an unjuſt War &c. As if a King might not defend himſelf againſt the Rebellion of his natural Lieges! For ſuch (and no other) was the caſe here. But the Story is thus. The King in the Sixteenth of his Reign, had call'd another Parliament, which opened 13. April 1640. at which time the Scots with an armed Force lay upon the Borders. His Majeſty by Sir J. Finch (Lord Keeper) tells them of the Scots Inſurrection the Summer before, V. Ruſhw. Coll. 16. Car. 1. which he had paſs'd by upon their Proteſtations of their future Loyalty; inſtead of which, they had now addreſs'd to the King of France, to put themſelves under his Protection, and cauſes an intercepted Letter of theirs, ſigned by the heads of thoſe Covenanters (one of whom was then in Cuſtody) to be publickly read, and therefore demands a Supply. The Commons conſider of it, and pay it with complaints; Innovation in Religion! Grievances againſt Liberty, Property, and Privilege of Parliament! The King ſends ſeveral times to the Houſes, and preſſes to them the danger of the Scots Army; but the queſtion is which ſhall have the Precedency, The Supply, or Grievances. The Lords are for the former, and that the King ought to be firſt truſted. The Commons are ſo long a tuning their Inſtrument that the King (in deſpair of any good Muſick from 'em) diſſolves them the Fifth of May following. From which, our Accuſer thus infers, that ſtrong Neceſſities, and the very pangs of State, Milt. p. 3. not his own Choice and Inclination, made him call this (Monſtrum Horrendum, Informe, Ingens) last Parliament, which began the third of November, 1640. when yet he brings nothing to back his Aſſertion, but the ſcurrillous Language of the General Voice of the People almoſt hiſſing him, and his ill-acted Regality, off the Stage: That it was impoſſible be ſhould incline to Parliaments who never was perceived to call them, but for the greedy hope of a National Bribe, his Subſidies; and never lov'd, fulfill'd, or promoted the true end of Parliaments, the redreſs of Grievances, of which himſelf was, indeed, the Author: Not doubting alſo to call it, a natural Sottiſhneſs, fit to be abuſed and ridden. And if this be the Reverence due to Majeſty, this the Reſpect we pay the Vicegerent of God, ſure Job was miſtaken when he ſays, Is it fit to ſay to a King, Thou art Wicked? and to Princes, Job 34.18. Ye are ungodly? The interrogation is in the Affirmative, and concludes in the Negative; No certainly, it is not fit. St. Paul checks a bare ſlip of his Tongue toward the High Prieſt;Acts 25.5. Jude v. 9. Zach. 3.2. and the Arch-Angel (in Jude) brought not a railing Accuſation even againſt the Devil.

And yet when His Majeſty ſays, He hop'd by his Freedom, and their Moderation to prevent Miſ underſtandings: See how, Spider-like, he draws Poiſon from what the Be • would have ſuck'd Honey! And wherefore (ſaith he) not by their Freedom and his Moderation! But Freedom he thought too high a Word for them, and Moderation too mean a Word for him. Inſolence! and if this (as it ſeems to be) were the early Moderation of his Maſters, I the leſs wonder how they broke down that Wall, which at once adorn'd and defended their way. However, for reply to it, the Kingdom was fallen into a Diſtemper that required a Cordia • more than a Corroſive; ſomewhat to cool, not heighten the Fever. And if His Majeſty did not contribute his part to it, let any Man judge▪ When beſides his granting The Petition of Right, (of which before) he denied this Parliament nothing they had the confidence to ask him. Witneſs his paſſing the Bill for a Triennial Parliament. Vid. Scobel's Collection of Acts and Ordinances from 1640. and the Statutes at large, 16 and 17 Car. 1. — For the continuance of this Parliament during the Pleaſure of both Houſes; than which, what more could they have demanded, but the Kingdom alſo? — For the raiſing Moneys for the disbanding of the Armies of England and Scotland. It was but a modeſt diſarming the King, and for the Scots, they wanted not the Bait to get them together again. — The taking away the ſeveral Courts of the Star-chamber; the Preſidencies of Wales and the North; Dutchy of Lancaſter, and the Exchequer of the County Palatine of Cheſter.—The High Commiſſion, and Oath, Ex Officio. — Limiting the Stannary Courts—Setting Bounds to Foreſts. — The Bill againſt Ship-Money. — And (what our Anſwerer calls) compulſive Knighthoods. — Add to this, his Conſent to a Bill for Two Hundred and Twenty Thouſand Pounds for the Supply of the Occaſions of our Brethren of Scotland. — For preſſing Soldiers for Ireland. — Borrowing Four Hundred Thouſand Pounds for the neceſſary defence, and great affairs of England and Ireland. — And another for the encouragement of Adventurers for Ireland. So that (in effect) there remain'd little more for them to ask, or His Majeſty to grant.

And now (to uſe the Parable of the Prophet touching his Vineyard; Iſa. 1. v. 1. to v. 8. A Vineyard in a very fruitful Soil. He fenced it, and gathered out the Stones thereof, and planted it with the choiceſt Vine, &c. And he looked that it ſhould bring forth Grapes, and it brought forth Wild Grapes.) Judge I pray between the King and his Vineyard, the Kingdom: What could have been done more to it, tha • he had not done in it? And he look'd fo • Judgment, but behold Oppreſſion; for Righteouſneſs, but behold a Cry.

Judge (I ſay) between the King and them when they had no ſooner gotten an Army an • Money together, and that for the reducement 〈◊〉 Ireland, Vid. His Majeſty's Anſwer to their Iriſh Papers. as was pretended, than they drove th • King from While hall by Tumults, and fought hi • at Edge-Hill with thoſe individual Forces.

They tax'd the King of illegal exactions an • grievances, which he readily redreſſed. We • ſee now how they mended it themſelves. Shi • Money (which was about Ten Shillings a Month out of a Thouſand Pounds a Year) was a grea • Burthen to the Country, and the King took it of They ſet up the Exciſe in the room of it, whic • was Two Hundred Thouſand and Ninety fi •• Pounds for one Year; beſides Eight Thouſand Sixty three Pounds paid in the Country to th • Army. — The Country groan'd under Coat, a •• Conduct-Money. See more of this, chap. 13.15. They brought in an Army o • One and Twenty Thouſand Scots, inſtead o • 'em.—The King granted that Right be don • They ſecur'd Property in Sequeſtring Mens Eſtates. — In a word, the Court went awa • in the City's Debt: They made an Ordinanc • for the Publick Faith of the Kingdom, for the repayment of publick Debts, (that is) ſuch Moneys as they had borrow'd for the carrying o • of their Rebellion.— And for fear the King lightning their Burthens ſhould make the People grow wanton, they began with an Aſſeſ • ment for the twentieth part of their Eſtates and all this too for the Eaſe of the Nation.

And laſtly, to conſider what return they made him. — Quis talia fando Temperet? — They firſt ſtripp'd him of his Royal Authority; and having dealt with the Monarchy it ſelf like Gold-beaters, beaten it ſo thin that there remain'd no more of the Subſtance, than the empty appearance: They accuſe him in the name of all the Commons of England, (in which caſe how could any of them be as Witneſs, when they were both Accuſers and Judges?) Try him with a ridiculous Pageantry, that had neither Equal nor Superiour in his Realm: Traiterouſly ſentence him, and as ignominiouſly murther him before his own Palace: And (to fill up the meaſure of their Wickedneſs) aboliſh Kingly Government, and proſcribe his Poſterity.

And ſo judge alſo, whoever he be that reads me, whether they deſerv'd not what the Prophet ſays he will do to his Vineyard? I will take away the hedge thereof, and it ſhall be eaten up; and break down the Wall thereof, and it ſhall be trodden down. I will lay it waſte; it ſhall not be pruned nor digged, but there ſhall come up Briars and Thorns: I will alſo command the Clouds that they rain no Rain upon it. But to return to our Anſwerer.

The King in his wonted Sincerity, ſays, The Odium and Offences which ſome Mens rigour, or remiſsneſs in Church and State, had contracted upon his Government, he reſolved to have expiated with better Laws and Regulations. A healing Propoſition one would have thought, and a fair ſtep to an Accommodation. A King ſaid it, nor is it for Princes that they ſhould Lye; and therefore could not but be credited by every Honeſt Man; for he that is Vertuous himſelf, believes the ſame of another. But this Anſwerer according to the fullneſs of his Heart, vomits out theſe and the like Expreſſions: And yet (ſaith he) the work of Miſdemeanours committed by the worſt of all his Favourites, he hath from time to time continued owned, and taken upon himſelf by publick Declarations, as often as any of his Inſtruments felt themſelve • over-burthen'd with the Peoples Hatred. And ye as publick as they are, he inſtances not in any one Particular, by which to have examin'd it. A Favourite is the ſame to a King, that a Friend is to a Private Man, he may unburthen himſelf to him; and it is not the Crowd, but agreement makes the Company. Nor are all Men of like Merit, more than they are of Face; and therefore if a King ſay Euge bone Serve, muſt our Anſwerer's Eye be evil, becauſe the King's is good. But the point lies not there: They are not piqu'd that the King might have Favourites, but that themſelves are not thoſe Favourites and conſequently wanting Vertue in themſelves, not only envy it in others, but ſtrike at the Prince through the Sides of his Favourites.

I thought to have paſs'd that, The King's Reverend Statute (as he calls it) for Dominical Jiggs and Maypoles, publiſh'd in his own Name, and deriv'd from the Example of his Father James: And had ſo done, but that it being ſpoken to the People upon the Wall, I alſo thought it could be no hurt to undeceive them in the matter. Statute I am ſure there is none in the caſe, and if there were, Where lies the Blame? But thus it is. The Sabbatarians, and Anti-Sabbatarians (the one holding the Fourth Commandment to be ſimply moral, and everlaſtingly oblig'd Chriſtians as well as the Jews; the other, that it was the ſame with other days, and to make it a Jewiſh Sabbath was but Will-worſhip,) had come from Pens to Blows; nor would the labouring ſort of People, who had no other time of Recreation, be depriv'd of that: And thereupon the King ſets forth a Declaration for tolerating Sports on the Lord's Day in the Afternoon: Wherein (as it is confeſs'd) he was not without Precedent at home, and has ever been, and now is, the Practice of Holland and Geneva. And why all this Cry! Godwin's Jewiſh Antiquity. p. 112. Even the Jews had their Sabbath-days Journey, and for my part, I ſhould ſooner truſt a Man that (after the Service of the Day is over) takes a harmleſs Diverſion on a Sunday, than him that runs from Sermon to Sermon, and cheats his Neighbour when he comes home. The Baker of Banbury that whipp'd his Cat for killing a Mouſe on the Lord's Day, came ofter to Seſſions than any two of the Trade.

And this (ſaith this Accuſer) is the Subſtance of his firſt Section, till we come to the devout of it: which he calls the Lip-work of every Prelatical Liturgiſt, clapp'd together, and quilted out of Scripture-Phraſe, &c. And makes it the Policy of a Tyrant to counterfeit Religions: As for Example, Andronicus Comnenius, the Conſtantinople. Bizantine Emperor, who by A conſtant reading of Saint Paul's Epiſtles, had ſo incorporated the Phraſe and Stile into his familiar Letters, that the Imitation ſeem'd to vie with the Original: Yet this avail'd not to deceive the People of that Empire, who, notwithſtanding his Saint's Vizard, tore him to pieces for his Tyranny. To the Malice of which, I ſhall only make this return, That as he travail'd with Iniquity, he hath conceiv'd Miſchief,Pſal. 7.14. and brought forth Falſhood. When yet, if he had gone no farther than his own time, he might have ſpoken Truth, though not cum Privilegio. For what were all the Actions of thoſe his Maſters, but Theatrical Hypocriſie? A mere Shell, and outſide of Religion, and Rebellion blanch'd and varniſh'd with diſſembled Sanctity. And therefore inſtead of Andronicus, he might have better inſtanc'd in Oliver Cromwell, who had it to a Hair, and never ſo fervently ſought God, as when he acted moſt ſtrongly againſt him: What he might have been at his Pen I know not; but for knocking his Breaſt, lifting up his Eyes, atteſting God, and invoking Imprecations on himſelf, if he did not that which he never intended, he ſhould have given Andronicus a Barr and an half, and out-thrown him too; though this (by the way) I muſt take leave to ſay, it was not altogether Andronicus's Tyranny, but his Uſurpation and Murther of his Predeceſſor and Nephew, Alexius Comnenius, that gave him that Tragical Exit.

And again (for he cannot ſpeak without bitterneſs) where the King ſays, I intended not only to oblige my Friends, but my Enemies alſo; exceeding even the deſires of thoſe that were Factiouſly diſcontented, if they did but pretend to any modeſt and ſober Senſe. He ſays thus; Poets never put more pious Words in the Mouth of any Perſon than of a Tyrant; and I ſhall not inſtance an abſtruſe Author, wherein the King might be leſs converſant, but one whom we well knew was the Cloſet-Companion of theſe his Solitudes, William Shakeſpear, who brings in Richard the Third ſpeaking in as high a ſtrain of Piety and Mortification, as is in any Paſſage of this Book, &c. And what's this but mere Malice to expoſe the King to the Cenſure of the Rabble? How! A King and have ſuch Books in his Cloſet! As if he alone were confin'd to The Crumbs of Comfort, The Sick-man's Salve, and The Minc'd-meat of Divinity. When Alexander (for the moſt part) carried Homer in his Pocket; and Virgil, Horace, Terence were not leaſt in requeſt with Auguſtus; nor do I think but there are many things in Mr. Shakeſpear, that may be ſafer read than a Seditious Sermon.

Laſtly, he as opprobriouſly, as infamouſly endeavours another blot to his Memory, in rendring His Majeſty ſo inſenſible of that ſad hour which was upon him, as immediately before his Death to pop into the Hand of that grave Biſhop, who attended him, a Prayer, ſtollen Word for Word from Sir Philip Sidney's Arcadia, a vain amatorious Poem (as he calls it) and that in a Language eſtrang'd to Humanity, which never inſults over even a Slave in Miſery. And therefore paſſing that Scurrillity for fear of being infected my ſelf, I ſay thus: It ſeems improbable that he to whom (as Solomon ſays of himſelf) God had given to ſpeak as he would,Wiſd. 7.15. and conceive as is meet for the things to be ſpoken of, ſhould be guilty of ſo open a borrowing, without ſome acknowledgment at leaſt to the Author. I ſaid ere while, that I ſaw, and read a part of the King's Book the very next Morning after that execrable Murther, to which I add this now (and with that regard as if it were my laſt) that it was not many days before I bought it my ſelf, and frequently read it, with the beſt attention I wa • capable of, nor do I remember to have met i • in that Quarto Impreſſion. And I have an O • ctavo of a later Edition now before me, in which it is not. However it firſt came into the Book, it makes ſo little to the purpoſe in this Place that nothing but Envy, Hatred, Malice, and al • Uncharitableneſs had ever thought of it, unleſ • as (Malitia ſupplet aetatem) Malice ſupplies Years he alſo did it for want of Argument.

But ſtay — And I'll ſuppoſe for once tha • His Majeſty did give this Prayer to the Biſhop and if he did, where lies the Scandal? The Prayer ('tis true) is the Prayer of Pamela under Impriſonment, Sir Ph. Sid. Arcadia. 248. but withal, ſo Divine a Meditation that it ſpeaks the Soul of the Honourable Compoſer. What is that Thought of Mr. Sherley's, (Only the Actions of the Juſt Smell ſweet, and Bloſſom in their Duſt,) the worſe, that it is in one of his Plays? Or is it a juſt Quarrel to the Engliſh Liturgy, that it is taken out of the Roman Miſſal? St. Paul convinces the Athenians of the unknown God, Arts 17.28. whom they ignorantly worſhipp'd, from their own Poets: Titus 1.12. And in his Epiſtle to Titus, does not bid him, Cretizare cum Cretenſibus, but rebuke them ſharply from one of themſelves, even a Prophet of their own. In a word, true Morals, and good Thoughts loſe nothing of their Innate Excellence, from whenceſoever they are handed to us. The Devil had not been the Enemy, but Friend of Mankind, if he had ſpoke no worſe in Paradiſe than he did at Delphos, viz. ( 〈 in non-Latin alphabet 〉 ) Know thy ſelf. And therefore admitting the Accuſation were true, where lies the Scandal? Nor will he have done while there's a drop yet left. The King ſays, He call'd this Parliament with an upright Intention, to the Glory of God, and his People's good: Our Anſwerer makes this of it, That there be ſome whom God hath given over to Deluſion, whoſe very Mind and Conſcience is defil'd; of whom St. Paul to Titus makes mention. To which I ſay, there is not any one ſuch Expreſſion in the whole Epiſtle; but others there are, whom he calls Evil Beaſts, Slow-bellies, and Lions: With which I leave him, and proceed to the ſecond Section.

CHAP. II. Ʋpon the Earl of Strafford's Death.

I Looked upon my Lord of Strafford (ſaith His Majeſty) as a Gentleman, whoſe great Abilities might make a Prince rather afraid than aſham'd to employ him in the greateſt affairs of State. Yes (ſaith our Anſwerer) He was a Man whom all Men look'd upon as one of the boldeſt, and moſt impetuous Inſtruments that the King had to advance any violent or illegal deſign. He had rul'd Ireland, and ſome Parts of England in an Arbitrary manner: Had endeavour'd to ſubvert Fundamental Laws and Parliaments: To make Hoſtility between England and Scotland: And Counſelled the King to call over that Iriſh Army of Papiſts to reduce England. For which, and many other Crimes alledged and proved againſt him i • twenty eight Articles, he was Condemned of High Treaſon by the Parliament. The Commons by the far greater number Caſt him: The Lords likewiſ • agreed to the Sentence and the People cry'd out fo • Juſtice, &c. Only the King (ſaith he) was not ſatisfied in his Conſcience, to Condemn him of High Treaſon.

In reply to which, I think he might mor • truly have ſaid, not prov'd but alledg'd, as I ſhal • come to ſhew preſently. That he was onc • the Darling of the Commons,His Tryal of Tho. Earl of Strafford. Fol. 763. to 769. we have ſeveral Inſtances of it in Mr. Ruſhworth. But (alas!) the King had made him Lord Deputy of Ireland, and the heighth of that Sphere contracted Envy in the Great Ones, and an Odium in the People; nor is it every one that can ſay — n •• pluribus impar. Though during that his Government, he improv'd the Revenue of that Kingdom, which before his time had been rather 〈◊〉 Charge than Advantage to this; and procur'd of the King, that all Impropriations then in th • Crown be reſtor'd to the Church of that Nation, and ſupplied it with Learned Men out o • England; upon the Scottiſh Invaſion in 1639 he counſell'd the King ('tis true) to fight them out; Vox Reipub, honeſta, ſibi anceps, (as Taci •• of Galba on the like Occaſion) for the Scotc • Commiſſioners not long after preferr'd that Charge in Parliament againſt him before-mention'd: And then, for the Iriſh Army of Papiſts &c. that brings me naturally to the Article themſelves, which were (as is ſaid) Twent • Eight in number: Some of which were for matters of Fourteen Years ſtanding; ſome of them as the Firſt, Seventeenth, Eighteenth) not inſiſted on; and others (as the Fourteenth, Twen • y firſt, Twenty Second, Twenty Fourth,) not • rg'd.Dr. Nalſon's impartial Collect. Part 2. Fol. 8. And to diſable him of the Teſtimony and Aſſiſtance of Sir George Ratcliffe (his quondam Secretary, and now Friend) he alſo was charged with High-Treaſon, and Confederacy with him, and ſent for out of Ireland. The Earl had now been under five Months Impriſonment, when, the 22d of March 1640. he was brought to his Tryal, which held till the 13th of April following, and in which he defended himſelf ſo well, that ſince there was neither Matter nor Proof enough againſt him to take off his Head by the Common-Law, it was reſolv'd a Bill of Attainder ſhould. The pinching Article againſt him was the Twenty third, and is the main Particular mention'd in the ſaid Bill, viz. That he advis'd the King, that he was looſe, and abſolv'd from the Rule of Government, and that he had an Army in Ireland, by which he might reduce this Kingdom. A ſhrewd Article no doubt, and ſufficiently evidences their Crime, that (without the King's Conſent) afterwards brought the Scots into England. But let us ſee how this was proved. There had been an old grudge between Sir Henry Vane the Father, (Secretary to the King) and my Lord of Strafford, touching the Title of Baron of the Caſtle of Raby, of which Vane was Proprietor, and endeavour'd the Honour to himſelf; notwithſtanding which, the King had given it to the Earl of Strafford: And is ſo happen'd that the ſaid Sir Henry having a ſudden occaſion to make uſe of a Paper, gave his Son (young Sir Henry Vane) the Key of his Cabine • where lay another Key, which open'd a Til •• in which he found ſome ſhort Notes of a Committee of eight of the Privy-Council, of whic • the ſaid Earl was one, upon this Queſtion, Wh • ther the War with Scotland ſhould be offenſive, or defenſive: In which there were Words, 〈◊〉 ſpoken by the ſaid Earl ſomewhat to that pu • poſe, but ſtill relative to the War with Sco • land: However, young Sir Henry carries it 〈◊〉 the Lords, and makes it an Article of the Additional Charge againſt him, which upon fu •• Evidence of ſuch of the ſaid eight as were no • in Priſon, terminated in this. The Earl o • Northumberland being interrogated touchin • theſe Words, abſolutely denied that ever h • heard the ſaid Earl ſpeak them. Mr. Treaſurer (Sir H. V.) ſhuffled in his Evidenc • forward and backward;The Tryal. Fol. 563. and at laſt ſaid, h • thinks they were ſpoken poſitively, or to tha • effect. [And a ſhrewd Evidence for the proof of a Bond!] The Lord Treaſurer declar'd that he never heard the ſaid Earl ſpeak th •• ſaid Words, or any thing like it. The Lord Cottington to the ſame purpoſe; and think • the Earl might ſay, The Parliament had no • provided for the King, and that the King ought to ſeek out all due and lawful ways to employ his Power and Authority, Caſte & Candide, which Words he very well remembers. The Marqueſs Hamilton, that he hath often heard the ſaid Earl uſe thoſe laſt Words to the King; for otherwiſe (ſaid the Earl) it were unjuſt and oppreſſive. And to the ſame purpoſe the Lord Goring, • ll Nelſon. Fol. 87. and Sir Thomas German, in behalf of the ſaid Earl. However die he muſt; and to that end a Bill of Attainder was prepar'd by both Houſes, to which the King, May the firſt, in the Houſe of Lords, the Commons then preſent, declar'd, That in his Conſcience he could not condemn him of Treaſon. On which a City armed Rabble of about Six Thouſand, tumultuouſly flock to Weſtminſter, crying, Juſtice! Juſtice! againſt the Earl of Strafford: Which (within a day or two) they ſecond with a Petition. On which the Earl (leſs valuing his Life than the quiet of the Kingdom) writes a Letter to the King, whereby to ſet his Conſcience at Liberty, and by his own Conſent prays him to paſs the Bill; which in a few days after, was (by Commiſſion to the Earl of Arundel, and three other Lords) accordingly done, with this Proviſo, That no Judge or Judges, &c. ſhall adjudge or interpret any act or thing to be Treaſon, nor hear or determine any Treaſon any other way than they ſhould, or ought to have done before the making of this Act, and as if this Act had never been had or made. A modeſt Confeſſion! and that nothing but an Act of Parliament could affect him: Nor unlike that Clauſe in an Ordinance of the King and Lords, for the Baniſhment, &c. of the Lady Alice Pierce, (a Favourite of King Edward the Third's) viz. That this Ordinance in this Special Caſe,Mr. Seld • n's Privilege of Baronage. 71 which may extend to a Thouſand other Perſons, ſhall in no other caſe but this be taken in Example. However, after the Bill was paſs'd, the King (as deeming, They will reverence my Son) wrote a Letter to the Houſe of Lords with his own Hand, and ſent it by the Prince of Wales, in which he interceeds for that Mercy to the Earl which many Kings would not have ſcrupled to have given themſelves. But 'twas reſolv'd, and nothing would do. And thus between Accumulative and Conſtructive Treaſon, nor better prov'd than I have ſhewn before, Sic inclinavit heros caput,Taken from Mr. Cleveland. Belluae multorum Capitum: Merces favoris Scottici, praeter pecunias; Nec vicit tamen Anglia, ſed oppreſſit.

Or, if my Reader had rather have it in Engliſh, take it from that happy Flight of Sir Richard Fanſhaw on that Occaſion: And ſo fell Rome, herſelf oppreſs'd at length, By the united World, and her own Strength.

And yet (not to leave his Memory in the Duſt) there is an Act of Parliament that vindicates all I have ſaid in the matter; and that is, The Act for reverſing this Attainder; 13, 14. Car. 2. c. 29. which ſays thus, That the Bill of Attainder was purpoſely made to Condemn him upon Accumulative and Conſtructive Treaſon, none of the ſaid Treaſons being Treaſon apart, and ſo could not be in the whole, if they had been prov'd, as they were not. And the Act further ſays, It was procured by an armed Tumult, the names of Fifty nine of the Commons that oppoſed the Bill, poſted by the name of Straffordians; and ſent up to the Peers at a time when a great part of them were abſent by reaſon of thoſe Tumults, and many of thoſe preſent, proteſted againſt it. For which Cauſes, and to the end that Right be done to the Memory of that deceaſed Earl, it was enacted, &c. That the ſaid Act, &c. be repeal'd, &c. And all. Records and proceedings of Parliament relating to the ſaid Attainder be cancell'd and taken off the File, &c. to the intent the ſame may not be viſible in after-Ages, or brought in Example to the prejudice of any Perſon whatever. Provided that this Act ſhall not extend to the future queſtioning of any Perſon, &c. however concern'd in this Buſineſs, or who had any hand in the Tumults, or diſorderly procuring the Act aforeſaid, &c. A ſhrewd ſuſpicion that they thought that Act of Attainder was not ſo regularly obtain'd as it ought to have been; for if it had, what needed that Proviſo? And having duely conſidered this Act, I think the Wonder will ceaſe why the King was ſo diſſatisfied in his Conſcience touching the giving his Aſſent to that Bill of Attainder;His Speech on the Scaffold. or that the Lord Capel ſo publickly begg'd forgiveneſs of God for having given his Conſent toward it: At leaſt (I preſume) it may ſtartle any Man, that from ſuch repeated Calumnies has not yet come to be of our Anſwerer's Opinion, That there may be a Treaſon againſt the Commonwealth as well as againſt the King only. A Treaſon not mention'd in 25 Edw. 3. or in any Statute ſince, ſaving thoſe of the late Uſurper's making; inaſmuch as no Eſtate or Eſtates of the Realm make any thing of themſelves, but as joyned to their Figure, the King. And therefore paſſing the King's moſt deteſted Conſpiracy (as he calls it) againſt the Parliament and Kingdom, by ſeizing the Tower of London; bringing the Engliſh Army out of the North, &c. I leave him and his Stuff together, and come to the Third.

CHAP. III. Ʋpon His going to the Houſe of Commons.

I Said ere-while His Majeſty might think the Lords would reverence his Son; nor was in to be doubted whether the Commons would himſelf: Eſpecially conſidering the buſineſs he went about. It was (faith the King) to demand Juſtice upon the Five Members, whom upon juſt motives, and pregnant grounds I had charged, and needed nothing to ſuch Evidence as could have been produced againſt them, ſave only a free and legal Tryal, which was all I deſired. Which fill'd indifferent Men with Jealouſies and Fears; yea, and many of my Friends reſented as a motion riſing rather from Paſſion than Reaſon.

See (ſays our Anſwerer) He confeſſes it to • an act which moſt Men, whom he calls his Enemies cried ſhame upon; indifferent Men, &c. (as before) He himſelf in one of his Anſwers to both Houſes, made profeſſion to be convinc'd that it was a plain breach of their Privilege: Yet here, like a rott • Building newly trimm'd over, he repreſents it ſpeciouſly and fraudulently to impoſe upon the ſimple Reader, &c. Words inſolent enough without adding the reſt; though it had not been from his Matter if he had told that ſimple Reader, in which Anſwer of his Majeſties he might have found that Profeſſion. However, for the diſcovery of the Truth on both ſides, it may not be amiſs to make a few ſteps backward, that conſidering the occaſion, we may the better judge of the thing.

It had been advis'd to the King by the then Privy-Council of Scotland to ſend the Book of Common-Prayer to be receiv'd and us'd in all Churches of that Kingdom,The King's Declaration, 1639. which was accordingly order'd: And in the Month of July, 1637. publickly read in the great Church of Edinburgh. The Kirkmen took fire at it; nor wanted there ſome in England to fan the Flame, which in a ſhort time got that head, that they invade England; but finding the deſign not ripe enough yet, they humbly ſubmit, and the buſineſs is ſmother'd: Whereas, had thoſe ſmoaking Brands been ſufficiently quench'd, they had not made a greater Eruption the next Year. During this time the King had gotten into the matter, and calls this Parliament with a real intention of quieting all. They begin where the laſt Parliament left; Complaints of Grievances, Innovations in Religion, Growth of Popery, and Arbitrary Power, and ſingle out the Earl of Strafford for an example of their Juſtice. The King (I ſaid) was got into the matter, and had diſcover'd whoſe Correſpondencies and Engagements they were that had embroil'd his Kingdoms, and ordered his Attorney to draw a Charge of High-Treaſon againſt the Lord Kimbolton, Mr. Pym, Mr. Hanbden, Mr. Hollis, Sir Ar. Haſlerigg, and Mr. Strode. Which was accordingly done, and the ſubſtance of it is this. That they have Traiterouſly endeavour'd to ſubvert the Fundamental Laws of this Kingdom,Saude • ſin's Hiſt.of K.C.I. Fol. 473. and to deprive the King of his Power. — That they have endeavoured by foul Aſperſions to alienate the Peoples affections from the King. — That they have traiterouſly invited and encourag'd a foreign Power to invade His Majeſties Kingdom of England. — That for the compleating their traiterous deſigns, they have actually rais'd and countenanc'd Tumults againſt the King and Parliament. — And that they have traiterouſly conſpired to levy, and actually have levied War againſt the King. Nelſon. 2d Part F. 811. ad idom. On this (the King having firſt demanded them of the Houſe by a Serjeant at Arms) a Warrant is granted to apprehend them; but miſſing their Perſons,Id. Fol. 514. their Trunks are ſeiz'd, and ſeal'd up: While this was yet doing, the Commons had notice of it, and thereupon Vote, That on all like occaſions for the future, any Member might call a Conſtable to his aſſiſtance, defend himſelf, and ſeize all ſuch Perſons.

The next Morning the King goes to the Houſe with part of his ordinary Guard of Penſioners, and orders them to ſtay without; and having reſted himſelf in the Speaker's Chair, told them, He came to demand five Perſons whom he had accuſed of High Treaſon. Id. Sander. Fol. 474. And though no King that ever was in England could be more tender of their Privileges, that yet they knew, there was no Privilege againſt Treaſon.So Sir F • . Coke a •• ſt. 25. And (looking round him) I ſee (faith he) they are gone: But aſſured them in the word of a King that he never intended any force, but to proceed againſt them in a legal fair way, and therefore expected the Houſe would ſend them to him; and ſo went off. Nor was he yet out of hearing when the general Cry was Privilege! Privilege! And the next day they Vote this coming of the King a breach of Privilege, and adjourn for a Week into London, there to ſit as a General Committee, pretending they were not ſafe at Weſtminſter; and (though the King afterwards wav'd their Proſecution) would not be ſatisfied unleſs he alſo diſcover'd who gave him that Counſel to come to the Houſe: as if it were not enough that he for bore his Enemies, without he alſo betray'd his Friends.

Upon this, Tumult upon Petition, and Petition upon Tumult, daily encreaſing, the King, Queen, Prince and Duke retire to Hampton-Court, the Members in the mean time paſſing to and from Weſtminſter with Hundreds of Boats, Flags, Seamen, Rabble, and Huzza's as they paſs'd by Whitehall.

And now again judge any ſober Man between the King and them. The King (to avoid the ill conſequence of a denial) gave his Aſſent to the Bill of Attainder againſt the Earl of Strafford: He demands Juſtice againſt the five. Members, and 'tis refus'd him: If they were guilty, why were they protected againſt him? And if not guilty, why did they not clear themſelves? The King came to the Houſe with an attendance ſhort of his ordinary Guard, and it was Voted a Breach of Privilege. They had their armed Tumults of Six Thouſand at a time to awe the King's Friends, and no notice taken of it, but rather encourag'd: Whereas it is Lex & conſuetudo Parliamenti; That whereſoever the Parliament is holden, Sir F. Coke. 3 Inſt. 160. there ought to be no wearing of Armour, exerciſe of Plays, games of Men, Wothen or Children; much leſs Riots. What ſhall I add: They (in the Year 1647.) ſubmitted eleven of their Members to the impeachment of an Army; after that, their Houſe to be garbled; and when (contrary to the Fundamental Laws of this Kingdom) they had voted themſelves the Legiſlative Power of the Nation, as tamely ſubmitted to be turn'd out by their Journey-Men. And yet, when the ſafety of the Nation was at ſtake, inſolently contend, nay mate it with their Sovereign. And therefore weighing altogether in a true Balance, judge (I ſay) wherein the King was to blame, or where lay this breach of Privilege.

And for what His Majeſty's Intention in this matter was (beſides what has been before urg'd) take this further from himſelf, where he ſays If he purpos'd any Violence or Oppreſſion againſt the Innocent; then let the Enemy perſecute my Soul, tread my Life to the Ground, and lay my Honour in the Duſt. To which this Accuſer thus: What needs there more diſputing? He appeal'd to God's Tribunal, and behold God hath judged and done to him in the ſight of all Men according to the Verdict of his own Mouth. Whereas in Common Humanity as a Man, Charity as a Chriſtian, Reverence to him as a King, and Duty as his King, he might (and that truly) have ſaid,2 Sam. 3.34. As a Man falleth before wicked Men, ſo fell'ſt thou.— The Breath of our Noſtrils,Lam. 4.10. the Anointed of the Lord was taken in their Pits, of whom we ſaid, under His ſhaddow we ſhall live among the Heathen.

CHAP. IV. Ʋpon the Inſolency of the Tumults.

WHat, and how frequent the Tumults of London and Weſtminſter that follow'd the convening of this Parliament were, is obvious enough to every Man that knows the leaſt of our own Story; and how aptly His Majeſty has compar'd them, not to a Storm at Sea, (which yet wants not its Terror) but an Earthquake, which ſhakes the very Foundations of all, may be alſo as viſible from the too ſad effects of them. Earthquakes, the more general they are do leſs hurt, by reaſon of the united weight which they offer to ſubvert; whereas narrow and particular Earthquakes have many times overturn'd whole Towns and Cities. And ſuch was the Caſe here. The Kingdom as yet ſtood well enough, witneſs thoſe the Nobility and Gentry, who out of a principle of Honour and Honeſty adhered to the King: Some humours (tis true) might glow and eſtuate in the Body, but they were not yet got into the Head; (That Ricketty Head that was already ſwoll'n too big for the Body.) But when they once diſcover'd that Vent, all gather'd to it, and ſhook thoſe Foundations which the Wiſdom of ſo many Centuries had been laying and ſecuring; as I ſhall come to ſhow preſently.

In the mean time our Anſwerer (for what concerns the King's Words) ſays, The matter here is not whether the King or his Houſhold Rhetorician have made a Pithy Declamation againſt Tumults, but firſt whether they were Tumults or not; next if they were, whether the King himſelf did not cauſe them; and having all along begg'd the Queſtion as to the firſt, makes the other as a conſequence of the former. The King (ſaith he) having both unwillingly call'd this Parliament, and as unwillingly from time to time condeſcended to their ſeveral Acts, firſt tempts the Engliſh Army with no leſs Reward than the Spoil of London, to come up and deſtroy the Parliament; But that being diſcover'd, makes the like bait to the Scotch Army, with the Addition of four Northern Counties to be made Scottiſh; with Jewels of great value to be given in Pawn the while, which they with much Honeſty gave notice of to the Parliament. Beſides this, a malignant Party was grown up; The Rebellion of Ireland broke out; a Conſpiracy in Scotland had been made while the King was there againſt ſome Chief Members of that Parliament; numbers of unknown ſeditious Perſons reſorted to the City; the King upon his return from Scotland, diſmiſſes that Guard the Parliament thought neceſſary to have about them, and appoints another, which they diſcharge; the People therefore, leſt their worthieſt and faithful Patriots ſhould want aid, came in Multitudes, tho' unarm'd, to witneſs their Fidelity to them, &c. The King ſends a Meſſage into the City forbidding ſuch Reſorts; the Parliament Petition the King for a Guard out of the City to be commanded by the Earl of Eſſex; the King refuſes it, and the next day comes to the Houſe of Commons, and begins to fortifie his Court; many are wounded, whereof ſome died; and ſo concludes it was no Tumult: Or if it grew to be ſo, the Cauſe was in the King himſelf, who both by hoſtile Preparations, and an actual aſſailing the People, gave them juſt cauſe to defend themſelves. Which (ſaving the ſcandal of his wording it) is the full ſubſtance of his 24th, 25th, 26th, 27th Pages. Wherein alſo how far he has begg'd the Queſtion, I appeal to every unbiaſs'd Reader.

How willingly the King call'd this Parliament, Chap. 1 I have already ſhewn. And why he ſo unwillingly paſs'd the Bill of Attainder againſt the willingly paſs'd the Bill of Attainder againſt the Earl of Strafford I have not been wanting to it, and if he had never condeſcended to ſeveral of the Bills paſs'd this Parliament, Chap. 2 and ſince repeal'd, he had not with one hand cut off the other. But when he calls them their Acts I am to ſeek what he means. The office of the two Houſes is Preparative and Conſultive, but the Character of the Power reſts in the final Sanction, which is the King: The paſſing a Bill is but the granting a Requeſt; the two Houſes make the Bill, but the King makes the Law, and 'tis the Stamp, not the Matter that makes it currant.

Then for that ridiculous Sham of the Spoil of the City of London, &c. He might as well have added the blowing up the Thames, and drowning the City, and altogether as probable, unleſs he had prov'd at leaſt ſomewhat towards it.—The Rebellion of Ireland ('tis true) was broke out, and they had gotten Four Hundred Thouſand Pounds towards the reducing it; but what they did with thoſe Moneys I have ſhewn before. And for the Conſpiracy of Scotland, &c. A malignant Party growing up; unknown ſeditious Perſons reſorting to the City, &c. Why added he not the Pope's Marrying th • Great Turk's Siſter? For who (beſides himſelf ever heard of this Scottiſh Conſpiracy againſt any but the King. And for that new coin • Word Malignant Party, if he means the King Friends, they had an Act of Parliament fo • their Warrant;11 Hen. 7. c. 1. but for thoſe unknown Seditio •• Perſons, 'tis ſomewhat ſtrange (methinks) 〈◊〉 ſhould call them Seditious, and not know w •• they were, unleſs it were in Contradiſtinction 〈◊〉 his own Party, whom all the World viſibly fa • to be ſuch.

And for the King's diſcharging thoſe Guar • the Parliament thought neceſſary, &c. And th •• diſcharging thoſe other, that he had appointed the. They were legally conven'd by the King' • Writ, and the ſame Law was a full Security t • them: But by what Law they could take Guard to themſelves without the King's Co • ſent (I think) the beſt of our Lawyers may b • yet to learn: And when (to gratifie their Incl • nations) the King had appointed them anothe • which they diſcharg'd, what was it but to ſp •• a defiance in his Face. For my part, I ſpea •• plain Engliſh, and let my Reader judge between this our Anſwerer and me, whether his Therefore the People came in Multitudes, &c. be a ſuff • cient Juſtification of thoſe Riots.

The King (ſaith he) forbad thoſe Reſorts, &c. and no doubt juſtly, for it was no more tha • what the Law had forbidden to his Hand. 〈◊〉 call'd them Riots, but take it thus: The •• came to the aſſiſtance of that Parliament, wh ••• were then compaſſing and imagining to lev •• a War againſt the King, the overt act of which was, That they did actually levy it. — I'll run it no higher: Though I have heard it ſaid, — Faſcinus, quos inquinat aequat.

However the Parliament Petition the King for a Guard out of the City, &c. Which, becauſe it falls more naturally under the ſubſequent Matter, I leave it till then, and in the mean time ask any Man whether from theſe Premiſes he has rightly concluded, that they were no Tumults; or if they grew to be ſo, the cauſe was in the King himſelf, &c. more than as an honeſt Man fighting with a Thief in defence of his Purſe, and is kill'd by him, may be ſaid to be the cauſe of his own death. And thus Men (like Pythagoras's Scholars) take things by the wrong Handle, whereas if they took it by the right it would be quite another Matter; and as near as I can I'll open the truth of this.

The Scottiſh Invaſion had been accommodated at Rippon ſome Months before this Parliament ſate, nor had the King yet loſt the Reverence he had in the Hearts of his People, who all ſtood waiting what this Parliament would do, when inſtead of healing the Breaches, they rather widen'd them, in falling upon the old Trade of Grievances, Popery, and Arbitrary Power; and that they might the better ſingle him from his Friends, and thereby deprive him of ſuch as had either Wiſdom, Authority or Courage to prevent or oppoſe their further Deſigns, they firſt fall upon thoſe that had either Written or Preach'd in defence of thoſe Rights of the Crown they intended to Uſurp; and arraign his Actions in his Miniſters, ſome of which are Impriſon'd, others fly: And on the other hand ſet at liberty ſuch as had been ſentenc'd for Seditious Writing and Preaching againſt him, and bring them to London in Triumph to tr •• how the People would be pleas'd with it, an • conſequently how their endeavours to draw th •• Peoples Affections from the King had already ſucceeded; and the general Applauſe on this occaſion gave them no weak aſſurance of it.

And now having gotten from the King th •• Eyes of Argus, and to themſelves the Hands of Briarius, they think themſelves able enough to leſſen him in his Power, and as preparatory to it, they firſt procure an Act of Parliament that they ſhould not be Diſſolv'd or Prorogu'd but by Act of Parliament: And which is remarkable, that very day on which his Majeſty Sign'd the Commiſſion for giving his Aſſent to the Bill for the Earl of Strafford's Attainder: And having (in a manner) neceſſitated him not to deny any thing, they get his Aſſent to thoſe ſeveral Bills before mentioned. Chap. 1 Conceſſions one would have thought might have ſatisfied any ſort of Men but thoſe that were Pre-reſolv'd not to be ſatisfied with any thing.

Nor did the King in the leaſt doubt their being ſatisfied, and therefore makes a Journey into Scotland to ſatisfie his Subjects there, A •• . 1641. as he thought he had done here; and they all ſeem'd to be ſo, eſpecially as to the matter of Epiſcopacy, which they ſaw was tumbling beyond a Recovery. During this His Majeſty's abſence the Houſes adjourn to the 20th of October, three days after which the Rebellion of Ireland broke out. The 25th of November the King returns to London, as yet welcom'd with the full Acclamations of the People, tho' he met not any ſuitable Reception from the Parliament, who inſtead of having ſwept out the old Leven, had prepar'd new. However, the King having call'd them together the Second of December, recommends to them the raiſing Succours for Ireland, and on the Fourteenth again preſs'd it; and withal told them he took notice of a Bill that was then in agitation, to aſſert the power of Levying and Preſſing Soldiers to the two Houſes, which he was content ſhould paſs with a Salvo jure to him, and then, becauſe the preſent time would not admit the diſputing it; and one would have thought that when the King came ſo near, they might have met him half way: But inſtead of that they ſend him a Remonſtrance the next day, in which they complain of the Deſigns of a Malignant Party, which by their Wiſdom had been prevented; and running on with the old Cry againſt Papiſts, Biſhops, and Evil Counſellors, magnifie themſelves in what they had done for the good of the Kingdom, and cauſe it to be Printed.

About this time it was that the King had come to the Houſe, and they adjourn'd into London, as before, when upon their return to Weſtminſter they Petition the King for a Guard out of the City to be commanded by the Earl of Eſſex (a Gentleman who upon the account of his Father in Queen Elizabeth's time, the buſineſs of the Nullity in King James's time, and the little notice that had been taken of him at Court till now of late he had been made Lord Chamberlain, was a Diſcontent, July 29.1641. and conſe • uently a Darling of the People) as pretending •• ey could not otherwiſe ſit it ſafety: Which •• e King (as well he might) thought not fit to • ant, inaſmuch as it look'd ſo like a Force againſt himſelf, and afterwards prov'd ſo when they made him their General. But withal, let them know that if there were any ſuch occaſion, he would command ſuch a Guard to wait upon them as he would be reſponſible for to God Almighty.

On this the Militia of Weſtminſter by Petition to the Houſe of Commons offer them their Service,Id. Nalſon, Part 2. Fol. 839, and 840. when it ſhall pleaſe them to comman • it.—The Lord Mayor, Aldermen, and Common-Council of the City of London, by Petition to the King, repreſenting (amongſt other things) His going to the Houſe, &c. Pray tha • the Tower may be put into confiding Hands, an • a Guard be appointed for the Parliament or of the City; which was inſolently ſeconded b • the diſorderly conflux of a Rabble about White hall and Weſtminſter.—And that the Houſe might not be wanting while the Iron was ho • they Petition the King, that the Tower 〈◊〉 London, all other Forts, and the whole Milit •• of the Kingdom be put into the Hands of ſuc • Perſons as ſhould be recommended to him 〈◊〉 both Houſes. Which his Majeſty (as juſtly b • might) refuſed to grant; and for the Security of his Perſon, withdrew to Hampton-Court.

And now from the whole let any indiffere • Man ſay for me, firſt, whether theſe diſorde •• Proceedings were not Tumults, and next, 〈◊〉 they grew to be ſo, how the King can be ſaid to be the cauſe of them himſelf. For though thoſe hoſtile Preparations, and actual aſſaili • the People, which our Anſwerer ſays, gave the juſt cauſe to defend themſelves, might (perhap • have been ſomewhat in the Caſe if thoſe Peopl • had not been the Aggreſſors; yet, when as himſelf confeſſes, the King had ſent a Meſſage into the City forbidding ſuch Reſorts, what made they there? Nor can theſe Hoſtile Preparations, and actual aſſailing the People be other than what the Lord Mayor, &c. in their Petition to the King, repreſent, viz. His fortifying Whitehall, and the wounding ſome Citizens: Which His Majeſty thus anſwers,Id Nalſon. Part 2. Fol. 839, and 840. That (as to the former) his Perſon was in danger by ſuch a diſorderly conflux of People; and withal urges their Seditious Language, even at his Palace Gates: And (for the other) that if any were wounded, it was through their evil Miſdemeanours. And therefore to make it no more than the Caſe of a common Perſon; every Man's Houſe is his Caſtle; and if a confus'd Club-rabble gather about it, Cum kickis & friskis & horribili ſonitu, the Gentleman of the Houſe commands his Servants to beat them off, and in the doing it, ſome of the Aſſailants are wounded; nay put it further, kill'd. And what can the Law make of it? That it was an unlawful Aſſembly (I ſhould not have minc'd it, a Rout) it is manifeſt; and that what the Servants did was in defence of their Maſter is alſo as evident: Sir Ed. Coke 3 Inſt. Let the Rule of Law cut between us (Quod quis ob tutelam Corporis ſui fecerit, id jure feciſſe videtur:) Whatever a Man does in defence of his Perſon, the Law preſumes it to have been done Legally. O, but you'll ſay, It was not the Maſter himſelf! A Thief aſſaults a Gentleman in his Houſe, or upon the Road, the Gentleman's Servant in defence of his Maſter kills the Thief; he forfeits nothing. And if this holds in the caſe of a common Perſon, how much more then in Caſe of the King?

And laſtly where he ſays, Inſtead of Praying for his People as a good King ſhould do, he Prays to be deliver'd from them, as from wild Beaſts, Inundations, and Raging Seas, that had overborn all Loyalty, Modeſty, Laws, Juſtice, and Religion. God ſave the People from ſuch Interceſſors. I think (A gente inimica & doloſa, libera me Domine!) From an evil and perverſe Generation deliver me, O God! might have very well become any honeſt Man's Prayer concerning them: For in their Malice they ſlew their King, and in their Self-will they broke down a Wall.

CHAP. V. Ʋpon His Majeſty's paſſing the Bill for the Triennial Parliaments and after, ſettling this, during the Pleaſure of the two Houſes.

PArliaments (ſaith Sir Robert Cotton) are the times in which Kings ſeem leſs than they are, His Reign of Hen. III. p. 1, and Subjects more than they ſhould be. A ſmart Character, whether we reſpect thoſe Paaliaments of Henry the Third, of whom it was ſpoken, or that Parliament of 1640. of which we are now ſpeaking: And yet they are become ſo congenial, and as it were bred up, and embodied with the Engliſh Temper, (which, as it naturally reliſhes nothing but what comes from them, ſo it rarely diſputes any thing that is tranſacted by them) that ſome have thought this might be one reaſon that inclin'd His Majeſty to paſs theſe Bills; though for my part, I'll believe no Man againſt the King, when he ſays,

That the World might be confirm'd in my Purpoſes at firſt, to contribute what in Juſtice, Reaſon, Honour, and Conſcience I could, to the happy Succeſs of this Parliament, which had in me no other deſign but the general good of my Kingdoms. I willingly paſſed the Bill for Triennial Parliaments: Which, as gentle and ſeaſonable Phyſick, might (if well applied) prevent any Diſtempers from getting any head or prevailing; eſpecially if the Remedy prov'd not a Diſeaſe beyond all Remedy.

And as to the other for ſettling this, during the Pleaſure of the Houſes, An Act (ſaith the King) unparallell'd by any of my Predeceſſors; yet granted on an extream Confidence I had, that my Subjects would not make an ill uſe of an Act, by which I declar'd ſo much to truſt them, as to deny my ſelf ſo high a Point of my Prerogative, &c.

Whereas (ſaith our Anſwerer) He attributes the paſſing of them to his own Act of Grace and willingneſs, as his manner is to make Vertues of his Neceſſities, he gives himſelf all the Praiſe, and heaps Ingratitude upon the Parliament, to whom we owe what we owe for thoſe beneficial Acts, but to his granting them, neither Praiſe nor Thanks. No! and by what Law I would fain know, is the King obliged to paſs every Bill that is offered him? He ſwears ('tis true) to defend the Laws, i. e. Such Laws as are then in being; but that obliges him to no futurity in granting every thing (whether good or bad) that ſhall be offer'd him: And therefore, unleſs he had ſhewn at leaſt ſome one Act of Parliament that had not the Royal Aſſent to it, he might with more Modeſty have acknowledged that it was in the King's Option whether to have paſſed theſe Acts or not; Sir Ed. Coke. 4 •• nſt. 25. becauſe neither of the Houſes ſingly, not both of them together can make any binding Law without the King's Concurrence, which gives the Embryo Life, and quickens it into 〈◊〉 Law. But, (ſaith he) The firſt Bill granted leſ • than two former Statutes, yet in force by Edward the Third; that a Parliament ſhould be called every Year, or oftner if need were. Very well! an • there being no more in it, it is ſomewhat ſtrange (methinks) how the King could be neceſſitated to the paſſing it, or that the Houſes eve •• deſired it: When all that he ſays to it, is, Tha • the King conceal'd not his unwillingneſs in teſtifying a general diſlike of their Actions, and told the • with a Maſterly Brow, that by this Act he had obliged them above what they had deſerved. And truly if the King had ſaid it, or given tha • Masterly Brow (for which yet he brings n • Voucher but himſelf) thoſe ſubſequent Acts o • Parliament which repeal'd both theſe Acts have ſufficiently evidenc'd their particular diſlike of them alſo, in that they nulled them. And how well they were pleas'd with their Perſons, or their Actions, the Statute of the 12th of Charles the Second (before-mention'd) may ſatisfie any Man.

And as to the other Act for ſettling their ſitting, &c. The King (ſaith he) had by his ill Stewardſhip, and to ſay no worſe, the needleſs raiſing of two Armies intended for a Civil War, beggar'd both himſelf and the Publick: Left us in ſcore to his greedy Enemies (their Brethren the Scots:) to diſ-engage which, great Sums were to be borrow'd, which would never have been lent, if he who firſt cauſed the Malady, might when he pleas'd, reject the Remedy. And from thence, and other the like droſs, meerly thrown in to help out Weight, which yet he never gives, he comes to this, That it was his Fear, not his Favour drew that firſt Act from him, leſt the Parliament incens'd by his Conſpiracies againſt them, ſhould with the People have reſented too heinouſly thoſe his doings. if to the ſuſpicion of their danger from him, he had alſo added the denial of this only means to ſecure themſelves. And now to examine it a little; he charges the King with the needleſs raiſing two Armies intended for a Civil War: What the Houſes then intended was afterwards viſible by its Effects, a Civil War: But that the King ſhould intend it, and at the ſame time diveſt himſelf of his Power, is manifeſtly ridiculous: For as he ſays himſelf,1641. this Bill was paſs'd in May, whereas the King (beſides his Journey into Scotland) retired not from Whitehall till above half a Year afterwards; and when he left it (conſidering their reſpective Conditions) might have as truly ſaid, Cum baculo tranſivi Jordanum iſtum: And how then could he intend a Civil War? Having (as our Accuſer ſays) ſo beggar'd himſelf.—For what concerns the King's Enemies and their dear Brethren, I refer it to its proper Place.—And for what relates to the Sums of Money to be borrow'd, beſides what I have already ſhewn how they were diſpos'd of, Chap. 1 I add this, That they could not have put the Kingdom into a Poſture of a Defence; i. e. ••• 'd a Rebellion, without it. And withal conſidering that the King ſet not up his Standard till the Auguſt following,1642. he muſt have been much ſhorter ſighted than our Anſwerer all along endeavours to make him, to have deſign'd a War without Sir Edward Coke's Materials, Firmamentum belli, & Ornamentum pacis, which (the Houſes having taken his Revenue into their Hands) all the World knew he wanted.

But the 〈◊〉 • ot yet run to the end of the 〈…〉 King taxes them for undoing what they found well done: Yet knows they undid nothing but Lord Biſhops, Liturgy, Ceremonies, &c. judged worthy by all Proteſtants to be thrown out of the Church. But what Proteſtants were they that ſo judg'd it? Thoſe of the Church of England were (I am ſure) of another Opinion, and the temporal Laws of the Kingdom had ſufficiently eſtabliſh'd them. And therefore ſince Intereſt had ſo blinded his Intellect that he world not ſee, were he now living, I could tell him wherein they had undone what they found well done: And becauſe there are many yet in being, who (perhaps) may be willing enough to be ſatisfied in the matter, I ſhall not be ſhie in it.

It is, and ever was the Law of England, that the ſole ſupream Government, Command, and Diſpoſition of the Militia, and of all Forces by Sea and Land, and of all places of Strength, is, and ever were the undoubted Right of His Majeſty, and of his Royal Predeceſſors, Kings and Queens of England: Or elſe what means that of Fitz-Herbert, Nat. Brev. p. 113. It is the Right of the King to defend his Kingdom. To make Leagues and denounce War only belongs to the King,7 Coke 2 • . as a Right of Majeſty which cannot be conferred upon any other. And how can he do it without the power of the Sword? (that is) the ſole Command of the Militia? To levy War within the Realm without Authority from the King, unto whom it only belongeth, Id. Coke. 3 Inſt. 9. was High Treaſon at the Common-Law before the Statute de proditionibus. 25 Ed. 3. And a latter Statute, not introductive of a new Law, but declaratory of the old Law, has the very Words touching the ſole Command of the Militia, 13 Car. 2. c. 2. &c. before-mention'd; with this farther, That both or either of the Houſes of Parliament cannot, nor ought to pretend to the ſame, nor can, or lawfully may raiſe or levy War offenſive or defenſive againſt his Majeſty, his Heirs and lawful Succeſſors: Short View, &c. Fol. 86. And was confeſt by themſelves when they acknowledg'd the Militia an inſeparable Flower of the Crown, and ſubject to no command but his Authority.

And yet contrary to this known Law, theſe two Houſes not only Petition the King, That the Tower of London, &c. (as before) be forthwith put into ſuch Hands as ſhall be recommended to him by both the Houſes; but, upon his receſs from Whitehall, ſend him a Peremptory Petition, That unleſs the King by thoſe Commiſſioners then ſent aſſure them of their former deſires,Mar. 1. 1641. Ruſhw. Col. Fol. 92. they ſhall be enforced to diſpoſe of the Militia by the Authority of both Houſes; which, upon the King's refuſal, Sir Will. Dugdale's Short View. p. 85. they Vote a Denial, and diſpoſe of it themſelves.

And now they begin to unpin the Mask, and publiſh a Declaration, wherein they ſay, That what the Houſes declare for Law ought not to be queſtion'd by the King.—That the Sovereign Power reſides in both Houſes.—That the King ought to have no Negative Voice.—That Treaſon cannot be committed againſt the King's Perſon otherwiſe than as he is entruſted with the Kingdom, and diſcharges that Truſt; and that they have a Power to judge whether he hath diſcharged that Truſt or not. 7 Coke 11. Fine dainty Law! And the Spencers Treaſon (in Edward the Second's time) but better improv'd.

In the May following they fall a-branching it into nineteen Propoſitions; Ruſhw. 307. V. The Statutes at large. many of which are but the ſubſtance of thoſe Acts paſs'd by Edward the Third, in the fifteenth of his Reign, and revoked by him the ſame Year as derogatory to his Crown; and ſend them to the King, which being refus'd by him, they Vote, The King intended a VVar upon them, and thereupon raiſe an Army; and (ſuffering the Mask to drop off) make Eſſex General thereof;12 Jul. 42. and farther Vote, They will live and die with him. On which the King ſets up his Standard at Nottingham the August following. Nor will I carry it further at preſent, becauſe I deſign not a Hiſtory, but only to ſhew which of the two, the King or the Houſes intended a Civil VVar; and whether they did not undoe what they found well done. In ſhort, their Endeavours were to ſtrip the King of what God and the Law had given him; the King's was but to keep what he ought to have: and therefore viewing both by a true light, How can the King be juſtly charg'd with intending a VVar, when it was (in a manner) but a ſuing for his own?

CHAP. VI. Ʋpon his Majeſty's retirement from Weſtminſter.

WITH what unwillingneſs (ſaith His Majeſty) I withdrew Weſtminſter, let them judge, who unprovided of Tackling and Victual, are forced to Sea by a Storm; yet better do ſo than venture ſplitting or ſinking on a Lee-Shoar. And if the Parallel held not in all its Parts, our Anſwerer had done well to have ſhewn in which it fell ſhort; whereas inſtead thereof he only ſays, He was about to have found fault with the Simile, as a garb ſomewhat more Poetical than for a Statiſt, and finds it the ſtrain of other of his Eſſays. But what's this to the matter? farther than that in the Words His Eſſays, a Truth ſlipt from him unawares in confeſſing them to have been written by the King, and not by his Houſhold Rhetorician, as before. But to the Argument (ſaith he) and I follow him, with this by the way to my Reader, That he would conſider how the Houſes had depriv'd the King of his Friends, diſrobed him of his Power, trampled his Authority, affronted his Perſon, baited him with a Rabble, and left him nothing but what could not be taken from him, a good God, and the ſatisfaction of a Conſcience founded on a Compoſitum jus, faſque animo, Sanctoſque receſſus Mentis, & incoctum, generoſo pectus honeſto.

And then, tell me in what condition he was when he left Weſtminſter.

I ſtay'd at Whitehall (ſaith His Majeſty) till I was driven away by Shame more than Fear, to ſee the barbarous rudeneſs of thoſe Tumults, &c. a thing ſo true for matter of Fact, that being not able to deny it, our Anſwerer turns it thus, That in the whole Chapter next but one before this, the King affirms, That the danger wherein his Wife, his Children, and his own Perſon were by thoſe Tumults, was the main cauſe that drove him, &c. Whereas what the King (and that but in one place of that Chapter) ſays of it is this, That he thought himſelf not bound to proſtitute the Majeſty of his Place and Perſon, and the ſafety of his Wife and Children to thoſe who are prone to inſult moſt when they have objects and opportunity moſt capable of their rudeneſs and petulancy. With this other from Digby (as he calls him) who knew his Mind as well as any, That the principal cauſe of his Majeſty's going thence, was to ſave them from being trod in the Dirt. And where in the name of Goodneſs lies the Contradiction! The Tumults were ſuch they might have been call'd Legion, and well make a King aſham'd to ſee them, and not be able to diſperſe them: But a direct Fear it could not be in him, whom —Ille timorum Maximus hand urget Lethi timor.— and who refuſed Life at the price of an inglorious Submiſſion. And yet in the Caſe of a private Perſon, was not this ground enough to apprehend a danger; and the conſequence of it, to be trod in the Dirt? How much more then in the Caſe of a King? A King of England, of whoſe Predeceſſors the Parliament of England had declar'd, That they could not aſſent to any thing that tended to the diſ-inheriſon of the King and his Crown, Sir Ed. Coke. 4 Inſt. 14. whereunto they were Sworn. But what could the wiſeſt of Men ſay to it, when the Parliament and the Rabble were both of a ſide. And whether they were ſo or not, witneſs thoſe Tumultuary Routs from the Men of Eſſex, Colcheſter, Devon, Somerſet, Middleſex, Hartford, Sir W Dagdale's Short View. Fol. • 5. London, Apprentices, Seamen; nay the very Women and all, for putting the Kingdom into a Poſture, &c: On which follow'd thoſe ſeveral Aſſociations for ſuppreſſing the Popiſh Malignant Party, though in truth it was to purſue the King with all vehemence; Id. Dagd. 113. for ſuch are the Words of Eſſex's Letter to the Houſes near that time. Nor were the Black Cloaks leſs wanting to their Parts; they could blow the Bellows well enough, tho' they car'd not how little they wrought at the Forge.

And therefore, ſeeing the Reverence of his Government was loſt with the People, and the Great Ones moving at another rate, quam ut Imperantium meminiſſent. 〈◊〉 . As it was no leſs than time for His Majeſty to retire and pray for fair Weather, ſo our Anſwerer, inſtead of ſnarling and catching at his Words, might have ſuffer'd him to depart in Peace. But to go on with him.

I am (ſaith the King) not further bound to agree with the Votes of both Houſes, than I ſee them agree with the Will of God, my Rights as a King, and the general good of my People.—And better for me to die, enjoying this Empire of my Soul, which ſubjects me only to God, than live with the Title of a King if it carry ſuch a Vaſſallage with it, as not to ſuffer me to uſe my Reaſon and Conſcience, in which I declare as a King to like or diſlike. An uſe of Reaſon (ſaith our Anſwerer.) If he thereby means his Negative Voice moſt reaſonleſs and unconſcionable, and the utmoſt that any Tyrant ever pretended over his Vaſſals. For if the King be only ſet up to execute the Law, which is indeed the higheſt of his Office, he can no more reject a Law offer'd him by the Common, than he can new-make a Law which they reject. And yet as reaſonleſs and unconſcionable as he pretends to make it, this Negative Voice is, and ever has been the undoubted Right of the Kings of England. For (beſides what I had the occaſion to ſpeak to this matter before) it is no Statute if the King aſſent not to it: Becauſe if it were, all thoſe Bills that have paſſed both Houſes, and for want of the Royal Aſſent lie buried in Oblivion, might as occaſion ſerv'd be trump'd up for Laws: And if he may diſ-aſſent, it is a ſufficient Proof of this Negative Voice, and that he may refuſe or ratifie as he ſees cauſe; And withal ſhews, where this Legiſlation lies, though the uſe of it be reſtrained to the conſent of both Houſes, whoſe Rogation (which is excluſive of all co-ordinate Power) preceeds the Kings Ratification. Then for his if the King be only ſet up, &c. If this (if) be falſe, his whole matter falls with it: And that it is ſo, I thus prove it. The Parliament-Roll (1 Edw. I. n. 8.) ſays, That upon the deceaſe of King Richard the Second,9 Edw. 4. Fol. • .6. the Crown by Law, Cuſtom and Conſcience deſcended and belonged to Edmund Earl of March, under whom King Edward the Fourth claimed. And Henry the Fourth, who had uſurp'd upon King Richard the Second, makes no other Title, but as Inheritor to King Henry the Third. Sir J. Hayward's, 1ſt year of •• n. 4. So the Parliament of the firſt of King James the Firſt, Recognize as (ſay they) we are bound by the Law of God and Man, the Realm of England, and the Imperial Crown thereof doth belong to him by Inherent Birthright, and lawful and undoubted Succeſſion. The ſame alſo for Queen Elizabeth, 1 Eliz • . 1. as to her. Which ſhews, that Kings are neither ſet up by the People, nor have the Titles to their Crowns from the two Houſes, but by Inherent Birthright. Which needs no ſetting up: And ſo (I think) what depends upon this (if) ſinks with it, though I ſhall have a further occaſion to ſpeak to it in his next Paragraph.

And here he taxes the King for ſaying, He thinks not the Majeſty of the Crown of England to be bound by any Coronation Oath, in a blind and brutiſh formality to conſent to whatever its Subjects in Parliament ſhall require. But where does the Law of England ſay the King is ſo bound? Tho' yet out Anſwerer is pleas'd to ſay, What Tyrant could preſume to ſay more, when he meant to ki •• down all Law, Government, and Bond of Oath? Leaſt conſidering what his Majeſty ſubjoyns, viz. I think my Oath fully diſcharg'd is that Point by my Governing only by ſuch Laws as my People, with the Houſe of Peers have choſen, and my ſelf conſented to. Nor did the Coronation Promiſe,See the Oath in every Hiſt. of his Reign. or Oath oblige him to more than To hold and keep the Laws and rightful Cuſtoms which the Commonalty of this his Kingdom have; and to defend and uphold them to the Honour of God, ſo much as in him lay. Whereas had there been any Obligation upon him to have conſented to whatever the Parliament ſhall require, it is not to be doubted but it would have been expreſſed in the Oath, as it is not: And yet our Anſwerer leſs doubts to ſay, That that Negative Voice to deny the paſſing of any Law which the Commons chuſe is both againſt the Oath of his Coronation, and his Kingly Office, in that he makes himſelf Superiour to his whole Kingdom, which our ſtanding Laws gainſay, as hath been cited to him in Remonſtrances, That the King hath two Superiors, the Law, and his Court of Parliament. An excellent Proof in the mean time! But we'll examine it a little.

The Common-Law ſaith (Omnis ſub Rege, Sir E. Coke. 1 Inſt. 1. &c.) Every Man is under the King, and he under none but God. And to the ſame purpoſe Bracton, Lib. • . Ed. 55. 2 Inſt. 496. from whom he quotes it. — His Prerogative is a part of the Law of the Land. — All offences are ſaid to be againſt the Peace of our Sovereign Lord the King, &c.—The Laws of England are call'd the King's Laws.—The Parliament (as is confeſs'd to my hand) his Parliament. And therein alſo the King is ſole Judge,22 Ed III. 3. the reſt but Adviſers.—His is the power of Calling, Proroguing and Diſſolving them. 4 Inſt. 46. Id. Inſt. 3. — And by his Death they are diſſolv'd of courſe.—And why all this, but that the King is (Principium, Caput, &c.) The beginning, the head, and end of a Parliament. — As he is alſo the Head of the Commonwealth. — And of the Law,1 Inſt. 73. Id. Inſt. 99. which he is preſum'd to carry in Scrinio pectoris ſui.

And then for the Statute-Law (beſides thoſe Statutes that call the Kingdom the Kings Ligeance,27 Ed. 3. c. 1. 10, 11. R. 2. c. 1. 25. H. 8. c. 3. the King Liege Lord, the People his Leige Men) it is further declared,16 R. 2. c. 5. That the Crown of England hath been ever ſo free that it is in no Earthly Subjection, but ſubject to God in all things touching the Regality of the ſame Crown, and to none other.

So that of Henry the Eighth, which ſays, That by ſundry old Authentick Hiſtories and Chronicles it is manifeſtly declar'd and expreſſed that this Realm of England is an Empire govern'd by one Supream Head and King,24 H. 8. c. 12. unto whom both Spiritualty and Temporalty are bound, and owen to bear next to God, a natural and humble Obedience.

And in another of the ſame King,25 H. 8. c. 21. the Crown of England is called, An Imperial Crown recognizing no Superiour under God, but only your Grace, i. e. the King. Which Statutes being declaratory Statutes (as others of that kind) made in affirmance of the Common-Law, are a guide in praeteritis, 2 Inſt. 308. as ſaith Sir Edw. Coke; and ſhew us what the Law as before the making of thoſe Statutes. Which I the rather urge, becauſe our Anſwerer makes ſuch a ſputter about the old Law, though as well here as generally throughout his Book, he has an odd way with him of keeping it to himſelf: However, if this be to have a Superiour, be the Superiour he that will, and keep it without Envy: And for what concerns me, I hope I have prov'd, that the King of England has no Superiour but God, and that neither the Law nor his Coronation-Oath require his undeniable Aſſent to what Laws the Parliament agree upon; but that he may well refuſe them without the Imputation of Incomparable Arrogance, a •• Ʋnſufferable Tyranny, as he is pleas'd to term it One thing I had forgot: Suppoſe the King had never been Crown'd, by which means he could not have taken the Coronation Oath, was he the leſs King for that? I ſhould think not: And if I am miſtaken, 3 Inſt. 7. Sir Edw. Coke was miſtaken before me when he ſays, The King i • King before Coronation; So 7 Coke. Calvin's Caſe. and Coronation is but an Ornament or Solemnity of Honour. Which in other Words may amount to this, That he promiſes no more at that time that what he was morally pre-oblig'd to do; viz. To diſcharge that Duty honourably which the Laws of God and Nature had requir'd of him without that Royal Promiſe.

CHAP. VII. Ʋpon the Queen's Departure and Abſence out of England.

AND truly this Chapter being but a kind of Re-capitulation of the mutual Endearments between the King and his Queen, whoſe Sympathy with his Afflictions had aſſur'd him, and might the World, that ſhe lov'd him and not his Fortunes, might, one would think, if not for the King's, have for her own ſake eſcap'd his Venom; but (poor Lady) ſhe was the King's Wife, and Malice (like Fear) where it finds no real Object, will be ſure to create one. And truly it was once in my Thoughts to have ſpoken more at large to it; and had done it, but that I fear'd even Truth it ſelf might incurr the ſuſpicion of Flattery. What my end was in making this Reply I have already ſhewn; it was to vindicate that good King from this ill Man's Calumnies; and the Method I have taken in it has been from the Hiſtory of that time and the Prior Law of the Land, as it came in my way, and therefore not to break that Method, as I find him hereafter running wide of that Matter, I ſhall purpoſely leave him, as I do at preſent.

CHAP. VIII. Ʋpon His Majeſty's repulſe at Hull, and the Fates of the Hothams.

THIS my repulſe at Hull (ſaith the King) was the firſt overt Eſſay to be made, how patiently I could bear the loſs of my Kingdoms. — The hand of that Cloud which was ſoon after to over-ſpread the whole Kingdom, and caſt all into diſorder and darkneſs. Which, how Prophetically true it was, the miſerable effects of it both before and ſince the Reſtauration, have too viſibly ſpoken it. And yet our Anſwerer thus ſlubbers it over. That Hull, a Town of great Strength and Opportunity both to Sea and Land Affairs, was at that time the Magazine of all thoſe Arms which the King had bought againſt the Scots.—The King had left the Parliament, and was gone Northward. — The Queen into Holland, where ſhe pawn'd and ſet to Sale the Crown Jewels (a Crime heretofore counted Treaſonable in Kings) and to what purpoſe the Parliament was not ignorant, and timely ſent Sir John Hotham, Knight of that County, to take Hull into his Cuſtody, and ſome of the Train'd-bands to his Aſſiſtance; and ſeeing the King's Drift in raiſing a Guard for his Perſon, ſend him a Petition that they might have leave to remove the Magazine of Hull to the Tower of London, which the King denies, and ſoon after goes to Hull with Four Hundred Horſe, and requires the Governour to deliver him up the Town; whereof the Governour prays to be excuſed till he could ſend notice to the Parliament who had entruſted him; and the King being incens'd at it, Proclaims him a Traytor before the Town Walls, and demands Juſtice of them, as upon a Traytor; who declare that Sir John Hotham had done no more than his Duty, and therefore was no Traytor. And this is the Subſtance of his 57. 58. 59 Pages.

How (and by their own Authority which was none) the Houſes had rais'd an Army and made Eſſex General, I have already ſhewn; and though the King had not yet ſet up his Standard, he knew he had a Magazine at Hull which might either help to defend himſelf, or certainly annoy him if it fell into his Enemies Hands; and therefore in order to a Self-Preſervation, takes a Journey to York, where the Parliament had been before him with a Committee then lying there as Spies upon his Actions: However, upon Petition of that County, to have the Magazine of Hull to remain there for the greater Security of the Northern Parts, His Majeſty thought fit to take it into his own Hands, and appointed the Earl (afterwards Duke) of Newcaſtle to be Governour of Hull; but the Townſmen had been ſo influenc'd by that Committee that they refuſed the Earl.

The Queen alſo had borrow'd ſome Moneys of the Hollanders upon the Crown Jewels (a Crime heretofore counted treaſonable in Kings, but not a word of when, or by what Law) not in the leaſt conſidering the Crown it ſelf was the King's, or how the King of England could commit Treaſon againſt himſelf.

The Houſes during this time wanting no Intelligence from their Committee, nick the Opportunity, and ſend down Sir John Hotham, who was receiv'd as Governour, and upon the King's coming before Hull, attended only with his own Servants, and ſome Gentlemen of the Country, audaciouſly ſhut the Gates againſt Him, and ſtanding upon the Wall, denied him Entrance. Upon which, the King (as by Law he might) proclaim'd him Traytor. A Cholerick and revengeful Act (ſays our Anſwerer) to proclaim him Traytor before due proceſs of Law; having been convinc'd ſo lately before of his Illegallity with the five Members. Goodly, goodly! and yet at the ſame time doubts not to tax the King of a Treaſonable Act, in borrowing Moneys upon his own Jewels: Not unlike the Parliament 41 Hen. 3. who took notice of the Lye given to Montfort, Daniel's Hiſt. of Eng. 171. and 175. Earl of Leiceſter by William of Clarence, but not of the Lye given the King by the ſaid Leiceſter. But the Point between us lies narrow. A Man with Train'd-Bands holds and defends a place of Strength againſt the King: The queſtion is, whether this be a levying of War within the Statute of the 25th of Edward the 3d. Sir Edward Coke ſhall anſwer for me. 2 Inſt. 10. If any with Strength and Weapons invaſive and defenſive, doth hold and defend a Caſtle or Fort againſt the King and his Power, this is levying of War againſt the King within the Statute of 25 Edward 3. And in the leaf before he ſays, It was High Treaſon by the Common Law to levy War; for no Subject can levy War within the Realm without Authority from the King, for to him only it belongeth. Le Roy de droit doit ſaver & defender ſon Realm, Fitz. N. B. 113. a. &c. And therefore this being the Caſe, wherein may it be ſaid that the King was to blame?

And laſtly, for what concerns this Gentleman's Cataſtrophe, and whether Hotham were more infamous at Hull, or at Tower-Hill (no leſs ignominiouſly pretended to be anſwer'd) it may be enough to ſatisfie any Impartial Man that he repented and came in, though it were at the laſt Hour; and for the reſt, he ſtood and fell to his own Maſter.

CHAP. IX. Ʋpon the Liſting, and raiſing Armies againſt the King.

I Find (ſaith His Majeſty) I am at the ſame Point and Poſture I was when they forced me to leave Whitehall: What Tumults could not do, an Army muſt; which is but Tumults liſted and enroll'd to a better order, but as bad an end. To which our Anſwerer thus replies, It were an endleſs work to walk ſide by ſide with the verboſity of this Chapter; only to what already hath not been ſpoken, convenient Anſwer ſhall be given. But what that Anſwer is ſee! He begins again with Tumults; all the demonſtration of the Peoples Love to the Parliament was Tumult; their Petitioning Tumult; their defenſive Armies were but liſted Tumults; and will take no notice that thoſe about him, thoſe in a time of Peace lifted in his own Houſe, were the beginners of all theſe Tumults; abuſing and aſſaulting not only ſuch as came peaceably to the Parliament at London, but thoſe that came Petitioning to the King himſelf at York. Neither abſtaining from doing Violence and Outrage to the Meſſengers ſent from Parliament; himſelf countenancing, or conniving at them. Which is the Subſtance of what our Accuſer ſays to this verboſe Chapter, as he calls it: An old Figure in Politicks, to Calumniate ſtoutly, till ſomewhat ſtick to a Prejudice.

But where lay this Love of the People, that they muſt needs expreſs it in ſuch a Tumultuary way? God Almighty is more pleaſed with Adverbs than Nouns, and reſpects not ſo much the Juſtice or Lawfullneſs of the thing, as that it be Juſtly and Lawfully done: and I think the Caſe was not ſuch here. Three or more gather'd together do breed a diſturbance of the Peace, Mr. Lambert's • irenarch • , Lib. 2. c. 5. either by ſignification of Speech, ſhew of Armour, turbulent Geſture, or expreſs Violence, ſo that the peaceable ſort of Men be diſturbed, or the lighter ſort embolden'd by the Example, It is (Turba) a Rout: And it has been ſaid (Decem, So Kitchen. page 20. multitudinem faciunt) Ten, make a Multitude: What then muſt ten times ten (not to ſay Hundreds and Thouſands) arm'd with Swords, Clubbs, Staves, as many of theſe Demonſtrators of their Love were, Chap. 4 and throwing out Seditious Language, as I have ſhewn before, the did?

O but their Buſineſs was Petition! The ſame ſaid the Barons and Commonalty at Running-Mead in the 17th of King John. But what came theſe for? What, but Matters that no way concern'd them. Juſtice! Juſtice againſt the Earl of Strafford; Chap. 2 yet the Parliament of the 14th of Char. the 2d, calls them arm'd Tumults, as before,—For putting the Tower of London into confiding Hands. Chap. 4 — A City Guard for the Parliament. — And the Kingdom into a Poſture of Defence, &c. But ſtill, what was this to them? As if a Parliament muſt be beholding to a Feſcue!

And their defenſive Armies (ſaith he) were but liſted Tumults! So that now (as a laſt Shift) he turns the Queſtion to a —Quis prior induit arma?

When all the World knows, That the Defenſive part of it was the King's, and the Parliament were the Aggreſſor's; in that they had made their Aſſociations, rais'd an Army ſome Months before, and made Eſſex General thereof the 12th of July 1642. Whereas the King ſet not up his Standard until the Auguſt following. But ſtay, — ſay the King (in defence of his Right) had firſt drawn his Sword, what Law of England warranted theirs? When beſides what Sir Edward Coke (of whom ſo lately) ſays, No Subject can levy War without Authority from the King, it appears that the ancient Law of England was ever ſuch, or the Parliament had never declar'd, That both,1; Cat. 2. c. 2: or either of the Houſes of Parliament neither can, or lawfully may raiſe or levy War offenſive or defenſive againſt the King, &c.

And will take no notice that thoſe about him were the beginners of thoſe Tumults. That the King had his Guards about him was no more than what became the Majeſty of a King; and that the Loyal Gentry made their Appearances at Whitehall when they ſaw it beſet with a kind of Gebal and Ammon, and Ameleck, a confus'd conflux of People, which alſo the King had forbidden, was but the leaſt of their Duty: But when he talks of liſting, and abuſing, and aſſaulting ſuch as came peaceably to the Parliament, and doing Violence to the Meſſengers ſent from them, it is ſuch a Rapſodie of Stuff that no Man can credit upon his ſingle Authority. And therefore I leave it as I do the reſt of this Matter, it being either ſuch as I have before ſpoken to, or ſuch as no Man that had not a hand in thoſe Miſchiefs, had ever vented.

Yet before I go off to another, I cannot but take notice how he ſays, The King twits them with his Acts of Grace; Proud and unſelf-knowing Words in the Mouth of any King who affects not to be a God, &c. Whereas it was not of his Grace but of his Duty, and his Oath to grant them. But being neither of the King's Duty nor his Oath, Chap. 6 Chap. 6. as I have already ſhewn, it remains that they were Acts of Grace; for he might have choſen whether he would have granted them or not. And yet his Majeſty does not (as he maliciouſly ſays it) twit them, but in a kind of Soliloquy to his Soul, Is this (ſaith he) the reward and thanks that I am to receive for thoſe many Acts of Grace I have lately paſſed, and for thoſe many Indignities I have endur'd? Is there no way left to make me a glorious King but by my Sufferings? It was the common Proteſtation of all their Addreſſes, but how well they perform'd it the World is not to learn: While they were yet in purſuit, it was matter of Grace, but once obtain'd, it turn'd to a loathing. Or taking it in a middle Senſe, not that he twitted, but minded them of what he had done (a modeſt way of refreſhing their Memories) and wherein can it juſtly be blam'd? Eſpecially conſidering all he had done, was but a kind of Limming the Water, to them, who like Tiberius, when one that had been formerly Serviceable to him thus addreſſed him: You may remember Caeſar; No ſays Caeſar (cutting him ſhort) I do not remember what I was. Nor muſt there ever better be expected from Ingratitude, which (like a vitiated Stomach) turns the beſt Nouriſhment into the Diſeaſe.

CHAP. X. Ʋpon their ſeizing the King's Magazines, Forts, Navy, and Militia.

HOW untruly (ſaith his Majeſty) I am charg'd with the firſt raiſing an Army, and the beginning this Civil War, the Eyes that only pity me, and the loyal Hearts that durſt only pray for me at firſt may Witneſs. — My unpreparedneſs for a War may well diſhearten thoſe that would help me; while it argues (truly) my unwillingneſs to fight, yet it teſtifies for me that I am ſet on the defenſive Part; having ſo little hopes or Power to defend others, that I have none to defend my ſelf, or preſerve what is my own from their prereption. To which one Anſwerer after his wonted way, To put the matter ſooneſt out of Controverſy, who was the firſt beginner of this Civil War, may be diſcern'd not only by the firſt Act of Hoſtility, but by the Counſels and Preparations foregoing, in all which the King was the foremoſt. But what he means by that firſt Act of Hoſtility, unleſs it were the beating off that Club-rabble from before Whitehall, I cannot conjecture; and if that be all, I have ſpoken to it before, and ſhewn that the King did no more than what any Private Man might have juſtified the doing of. Chap. 4 And for the Counſels, &c. he inſtances in the deſign of German Horſe, Billetting of Soldiers, &c. when yet he knew himſelf it was to no other end but the carrying on the War for the recovery of the Palatinate, wherein the Parliament had engag'd the King his Father. — The Pulpits ſounded no other Doctrine than that which gave all Property to the King, and Paſſive Obedience to the Subject. And truly if they did the former they were to blame; though till I have better Authority that they did ſo, I ſhall not believe it: And for the latter, however the London and Weſtminſter Pulpits thumb'd no Text oftner than that of Curſe ye Meroz, &c. and nuzzled the People into a reſiſting the King, they never applied the Doctrine of Non-Reſiſtance to the two Houſes.—And for Exactions and Diſarmings: The redreſs of the former was no ſooner pray'd than granted; and for the latter, it ſeems ſtrange he ſhould tax the King with that which was the conſtant Modus of that Parliament: Not unlike the Woman that beat her Husband and cry'd Murther! to raiſe the Neighbours. And for ſo much concludes, That the King was the firſt beginner of theſe Civil Wars, as in the Treaty of the Iſle of Wight he charg'd it upon himſelf, and acquitted the Parliament. A bold Aſſertion! and ſo contrary to all the King's Declarations, and every Man's Knowledge, that it is not to be believ'd. It was hard preſs'd on him ('tis true) but that he did it appears no where. Yet if he did ſo, what kind of Men were thoſe Commons that threw by their King's Conceſſions, and made thoſe deſperate Votes of Non-Addreſſes, and that it ſhould be Treaſon to receive any Paper or Meſſage from him. Nor wanted they Malice to have urg'd ſuch a Confeſſion (if any) againſt himſelf, when they Voted,4 Jan. 45. That the King took Arms againſt the Parliament, and ought to expiate it with his own Blood. So eaſie a thing it was to Murther him with his own Sword, having as our Anſwerer confeſſes,Milton. p. 55. wrung the Militia out of his Hands.

CHAP. XI. Ʋpon the Nineteen Propoſitions, firſt ſent to the King; and more afterwards.

OF the Nineteen Propoſitions, ſaith our Anſwerer, he names none in particular, neither ſhall the Anſwer; but he inſiſts upon the old Plea, of his Conſcience, Honour and Reaſon; and either of them, to all honeſt Men, a peremptory Plea. This of the King's was a diſcourſe to himſelf, and therefore to what End ſhould he ſay more of them than what he does; viz. If nothing elſe will ſatisfie, I muſt chuſe rather to be as Miſerable and Inglorious as my Enemies can make, or wiſh me. Whereas our Anſwerer, that knew them ſo well, ought firſt to have told us what they were, and then ſhewn the Unreaſonableneſs of the King's Refuſal: But, that he knew had been to Undeceive the People, and therefore ſlubber'd them under the General Name of the Nineteen Propoſitions; a Word of many Syllables Men have in their Mouths, but how few of them are there that know what it means? What therefore, he ſo maliciouſly ſuppreſs'd, I have with all Faithfulneſs ſumm'd, and made ſuch Remarks on them as followeth:

1. That the Lords, &c. of the Privy-Council, and all Great Officers of State be removed; ſave only ſuch as ſhall be approv'd by Both Houſes; and none put in their Places, but by like Approbation.

The Power hereby claimed, was either Originally in the People, or it was not: If it was, they ought to have ſhown it; if it was not, the Demand was Unjuſt, and conſequently not to have been demanded.

2. That the Great Affairs of the Kingdom, be Tranſacted only in Parliament; and Privy-Council Matters, by ſuch as ſhall be choſen by the Parliament: And that no publick Act of Council be eſteemed valid as proceeding from the Royal Authority, unleſs it be ſign'd by the major Part of the Council, nor vacant Place therein ſupply'd, without the Aſſent of the Major Part; and that alſo to be void, if not confirmed by the next Parliament.

This was to ſet the Cipher before the Figure, and make the King a kind of Jupiter in Lucian; a Thing of a Swelling Name, but bound up to Fate.

3. That the Lord High-Steward of England, Lord High-Conſtable, Lord Chancellor, Nine other Principal Officers, the Two Chief Juſtices, and Chief Baron, be always choſen with the Approbation of Both Houſes; and in the Intervals of Parliament, by the Major Part of the Council.

The ſame may be ſaid to this, as to the Firſt; with this farther, that though the like had been often attempted, it never continued longer than the Rebellion that ſet it on foot.

4. That the Government of the King's Children be committed to ſuch as Both Houſes ſhall approve of; and in the Intervals of Parliament, by the Privy Council: And the Servants then about them, againſt whom the Houſes have juſt Exception, to be removed.

This had been to abridge the King of that Privilege, which the meaneſt of Subjects has in his Family; nor had themſelves yet try'd it in theirs.

5. That no Marriage for any of them be treated, or concluded without Conſent of Parliament.

The ſame alſo here, as to the Fourth.

6. That the Law in Force againſt Jeſuits, Prieſts, and Popiſh Recuſants, be ſtrictly put is Execution.

And where had the King ever refuſed it?

7. That the Votes of Popiſh Lords in the Houſe of Peers, be taken away.

This had been to take away their Birthright; a Right as ancient as any thing but the Monarchy it ſelf.

8. The the King will be pleaſed to reform the Church-Government, and Liturgy, as both Houſes ſhall adviſe.

This had been already ſettled by ſeveral Acts of Parliament.

9. That he would reſt ſatisfied with what they have done, for ordering the Militia; and recall his Declarations and Proclamations againſt it.

This confeſſes an Uſurpation upon the King's Right, and in that, who began the War: For, if it were not ſo, what need was there for the King to recall his Declarations, &c. when in doing it, he had made himſelf Guilty of the War, and all the Blood therein ſpill'd.

10. That ſuch Members as have been put out of any Place or Office, ſince this Parliament began, be reſtored, or have Satisfaction.

But how does this agree with the Self-denying.

11. That all Privy Counſellors and Judges take an Oath, to be ſettled by Act of Parliament, for the Maintenance of the Petition of Right, and certain Statutes made by them.

The Judges are ex Officio oblig'd to take notice of a General Act of Parliament, and ſuch the Petition of Right is; but who knew what thoſe Acts of this Parliament might be?

12. That all Judges and Officers plac'd by Approbation of the Houſes, may hold their Places quamdiu ſe bene geſſerint.

To the intent, that if any Confiding Perſon how Ignorant or Factious ſoever had been approv'd by them, it ſhould not be in the King's Power to remove him without a Sute at Law, in which themſelves, or their Creatures were ſure to be Judges.

13. That all Delinquents, whether within the Kingdom, or fled out of it; and all Perſons cited by either Houſe, may appear and abide the Cenſure of Parliament.

That is, all ſuch Perſons as upon an innate Honour, according to their Duty, and the Statute of the 11th. of Henry VII. had ſtood firm and Loyal to the King, againſt their Uſurpation.

14. That the General Pardon offered by his Majeſty, be granted with ſuch Exceptions, as ſhall be adviſed by Both Houſes.

But, who knew what thoſe Exceptions might be? Saving this, that they intended them not to any of themſelves: A thing that carried Rancour and Venom in it, and which was his Majeſty's whole drift to take off.

15. That all Forts and Caſtles be put into ſuch Hands, as the King with Approbation of Both Houſes, ſhall appoint.

That is, to keep them in their own Hands as they were; when yet, the Undoubted Right was the King's, and the Grant of it had given away the Sovereignty. An old Trick (which together with the Three firſt Propoſitions) they borrow'd from Montfort's Rebellion in Henry III.'s Time.

16. That the King's Extraordinary Guards 〈◊〉 diſcharg'd, and none rais'd for the Future, but according to Law, in Caſe of actual Rebellion and Invaſion.

Like the Wolves in the Fable, that would come to no Terms with the Sheep, unleſs they firſt diſcharg'd their Dogs: Whereas his Majeſty had not rais'd thoſe Guards but according to Law, in the Caſe of an actual Rebellion a • Home, and a then threatning Invaſion from the Scots.

17. That his Majeſty enter into a more ſtrict Alliance with the Ʋnited Provinces, and other Neighbour Proteſtant Princes and States.

The King is the only Supream Arbiter of Peace and War; and, what honourable Alliance with any of them had he ever refus'd?

18. That his Majeſty be pleaſed by Act of Parliament, to clear the Lord Kimbolton, and the Five Members.

If they were Guilty, why ſhould they be leſs brought to Tryal than were Canterbury and Strafford? And, if they were Innocent, what need of an Act of Parliament to clear them?

19. That a Bill be paſſed for reſtraining Pears made hereafter, from ſitting or voting in Parliament, unleſs they be admitted with Conſent of Both Houſes.

The King is the Fountain of Honour, and to have granted this Article had been, if not to damm up that Fountain, to turn it into another Channel: Nor could the King have done it, without a manifeſt Contradiction to himſelf. I have bleſſed him (ſaid Iſaac) and he ſhall be bleſſed.

Such were theſe Propoſitions; this, at Leaſt, the true Subſtance of them; which if his Majeſty had conceded to, what other were it, than as himſelf ſays of it, As if Sampſon ſhould have conſented, not only to bind his own Hands, and cut off his Hair, but to put out his own Eyes, that the Philiſtines might, with the more Safety, Mock and Abuſe him? He had rendred himſelf not a half Duke of Venice; nor much better than that—Inutile lignum, of which Horace ſpeaks; who,Serm. l. 1. Sat. 8. tho' he were God of the Gardens, could not keep a Crow from muting upon his Head.

Nor ought they (ſays his Majeſty) to have been obtruded upon him with the Point of a Sword, nor urg'd with the Injuries of a War. To which our Anſwerer in his bold Way: And which of the Propoſitions were obtruded upon him with the Point of the Sword, till he firſt with the Point of the Sword, thruſt from him both the Propoſitions and the Propounders? Which, how egregiouſly and ſcandalouſly Falſe it is, let any Man judge;Ruſh. 2. part. 307. when theſe Propoſitions were not ſent the King till the Second of June, 1642. Five Months before which, they had not only forced him from Whitehall, but diſpoſed of the Militia, as appears by the Ninth Propoſition; where they pray the King, that he would reſt ſatisfied with what they ordered in it: As reſolv'd (it ſeems) that Will or Nill, he ſhould.

And thence he runs off again to the Coronation Oath; and That the Parliament is the King's Superiour. Chap. 6 Touching which, I have ſaid ſo much already, and not from any ſingle Opinion of my own, but the Authority of the Law, that I think it needleſs actum agere. Only, when he ſays, The Nobleſt Romans, when they ſtood for that which was a kind of Regal Honour, the Conſulſhip, were wont, in a ſubmiſſive manner, 〈◊〉 go about and beg that Higheſt Dignity of the Meaneſt Plebeians; which was call'd, Petitio Conſulatûs. He would have done well to have cover'd his Hook a little better, if he ever expected to catch any Fiſh: If he had ſaid, they chuſe their Conſuls as we do our Knights of the Shire, he that has moſt Voices carries it (bating the Ambitus) it had been well enough. But when he ſpeaks of a King of England, what Miſchief brought it into his Head, to confound the Irregular Practices of a Democratical State, with the ſettled Conſtitutions of an Hereditary Imperial Monarchy, which this of England is, or thoſe ſeveral Statutes (as well as Common Law) of which before, are groſly miſtaken? And therefore for the reſt it bring but mere catching at Words, whereby to wreſt the Sence, I had as good leave it, and go to ſomewhat elſe.

CHAP. XII. Ʋpon the Rebellion and Troubles in Ireland.

IT is the Nature of Flies to be ever buzzing, and blowing upon any thing that is raw; and has been the only deſign of our Anſwerer throughout his whole Book, not to deliver Things as they truly were, but to rake together old exploded Forgeries, that having dreſs'd up the King as like a Tyrant as he can, he may have the more to ſay in Defence of the Parricide.

It is the Way of Witches, to foretell thoſe Storms, themſelves intend to move: Nor had the Contrivers of ours been wanting to that Part of it; but the Earl of Strafford's Watchful Eye lay ſo cloſe for them, that nothing could be done, unleſs they firſt brought his Maſts by the Board: And having gotten that Point of him, and the Rebellion of Ireland falling cloſe upon it, they only make an advantage of it, and buzze the People, that it was done with the King's Privity (at leaſt) if not by his Commiſſion: Whereby to repreſent him to the World, as the more Inhumane and Barbarous.

Nor is this our Accuſer leſs wanting to inſinuate it over again, when he ſays, That it cannot be imaginable, that the Iriſh guided by ſo many Italian Heads, ſhould have ſo far loſt the Ʋſe of Reaſon and common Senſe, as not ſupported with other Strength than their own, to begin a War ſo deſperate and irreconcilable, againſt both England and Scotland at once, without ſome Authority from England, or great Aſſiſtance promiſed them, and aſſurance which they had in private, that no remedy ſhould be apply'd againſt them. All which being merely conjectural, by the ſame Reaſon it may be true, by the ſame Reaſon alſo it may be falſe; without there were ſomewhat more than Words to evince the Truth of it. And ſo taking that for granted, which ſhould have been firſt proved, he audaciouſly Charges the King as the Prime Author of that Rebellion, though both here and elſewhere he denies it with many Imprecations, but no ſolid Evidence. And how ſolid his on the other hand are, may be worth the viewing.

It is moſt certain (ſaith he) that the King was ever friendly to the Iriſh Papiſts, and in his Third Year againſt the plain Advice of Parliament, ſold them Indulgences for Money, and engaged them in a War againſt the Scotch Proteſtants. What he means by that Sale of Indulgences, I know not; nor does any Hiſtory of ours that I yet met, direct me to it. The Iriſh were his Majeſty's Subjects, as well as the Scots; and if he was friendly to them, though Papists, he did but the part of a prudent Father, who ſeldom chucks one Child more than another, for fear of breeding a Quarrel in the Family. And beſides, though the Scots were Proteſtants, there is not any one Engliſh Law againſt Papiſts, i • Force in Ireland, and Sanguinary Law, none • But that the King engaged them in a War againſt the Scots, wants Proof, and as ſuch I paſs it.

To this he adds, That ſeveral of the moſt active Papiſts, all ſince in the Head of that Rebellion, were in great Favour at Whitehall, and in Private Conſultations with the King and Queen; and that he gave them more than Five Iriſh Counties at an inconſiderable Rent. And for the Proof of all this quotes a Scotch Author, but ſays not a Word, who or what this Author was: Tho' if he had call'd him Squire Meldrum, the Cherry and the Sloe, or David Lindſey againſt Side-Tails, it had paſt not a Jot the worſe with the People. If they were in great Favour at Court, it was no more than what the Scots alſo were; if they had private Conſultations, &c. Charity would have preſum'd the beſt, and that it was in order to the Quiet and Peace of that Kingdom; and if the King gave them Five Counties, he gave but his own, which if he had ſhared among the Five Members, we had not (perhaps) heard a Word of the Story: But that they ſhould ungratefully rebel againſt him, how could he more foreſee it of them, than he did of the Scots? And after this if any Ʋnderſtanding Man yet doubts who was the Author and Inſtigator of that Rebellion, I referr them (ſaith he) to that Declaration of July 1643, concerning this Matter. Very good! The Word of a King is but the bare denial of one Man; and what is one Man, againſt the Credit of Both Houſes, though they were Judges, Witneſſes, and Parties.

I offerred (ſaith his Majeſty) to go my ſelf in Perſon, upon that Expedition. But happy it was that his going into Ireland was not conſented to (ſaith the other;) for certainly he had turn'd his intended Forces against the Parliament. Whereas it ſeems more probable, that without this Rebellion in Ireland, they could never have rais'd their Rebellion in England. For, upon the Credit of the Acts for the borrowing of 400000 l. for the neceſſary Defence of England and Ireland; Both of them, 17 Car. 1. and for the Encouragement of Adventurers, for the reducing the Rebels in Ireland, they got ready Moneys into their Hands, V. His Majeſty's Anſwer to their Iriſh Papers. In his Large Book. f. 537. and rais'd Forces (as was pretended) for the Relief of that Kingdom, but (in truth) fought the King with them at Edge-hill. But enough of this Matter.

CHAP. XIII. Ʋpon the Calling in of the Scots, and their coming.

AND here again our Anſwerer lays his Foundation to this Chapter upon what he has ſo often run off to before, and been by me (and I hope) fully anſwered: That the firſt Original and Inſtitution of Kings was by the Conſent and Suffrage of the People, and calls them the entruſted Servants of the Commonwealth; but (in his wonted way) ſays not a Word how they came by this Power of chooſing; i. e. whether it were given them by God, or they took it themſelves: If God gave it them, he ought (one would think) to have prov'd where, when and how; at leaſt, rendred it probable that there was once ſome ſuch thing done, though the Grant be loſt: And if they took it themſelves, it was Unjuſt in its Original, and conſequently they had no more Right to chuſe their Kings, than Children have to chuſe their Fathers. And yet, from this falſe Poſition magiſterially determines, That Kings do no Acts of Grace and Bounty, but in diſcharge of their publick Duty.

The Sum of the King's Diſcourſe (ſaith he) is againſt ſettling Religion by violent Means; and yet never did thing more eagerly, than to molest and perſecute the Conſciences of moſt religious Men, and made a War, and lost all, rather than not uphold an Hierarchy of perſecuting Biſhops. That Conſciences are not to be forced, but to be reduced by force of Truth, aid of Time, and uſe of good Means of Inſtructions and Perſwaſions, was his Principle as well as Queen Elizabeth's: but (ſaith Sir Francis Walſingham concerning the Queen's proceedings in the like Caſes) Cauſes of Conſcience, when they exceed their Bounds, V. Hiſt. of the Reform. Part 2. f. 418. and grow to be matter of Faction, loſe their Nature; and Sovereign Princes ought diſtinctly to puniſh their Practices and Contempt, though colour'd with the pretences of Conſcience and Religion. And according to this (ſaith he) the Queen proceeded. And if the King alſo did diſtinguiſh Faction from Conſcience, and Tenderneſs from Singularity, blame the Law, not him.

But, He obtruded new Ceremonies upon the Engliſh, and a new Liturgy upon the Scots with his Sword. Saving the Reverence of the Thing, it is Indifferent whether a Man Preach with his Hat on, or hung upon a Pin; the Hugonots have one way, and the Engliſh another: The ſame alſo may be ſaid of Ceremonies; but how indifferent ſoever they are in themſelves, when they are once commanded, the indifferency ceaſes in the Law that enjoyns them. And for that other, of the Liturgy upon the Scots: the King obtruded it not on them, much leſs with his Sword, becauſe it was ſent them at their own Requeſt, as I have ſhown before. But, admitting their Kirk liked it not, what had they to do with a Church that did? Or, what Authority had Tweed to reform Thames; leaſt of all, to give Law to their King, and that too with beat of Drum and Colours diſplayed? Eſpecially when one of their own Acts of Parliament ſays,Continuation of Sir R. Baker, f. 514. That it ſhould be damnable and deteſtable Treaſon in the higheſt Degree, to levy Arms, or any Military Forces, upon any pretext whatever, without the King's Royal Commiſſion.—Nor is this all: For their National Covenant oblig'd them to his Defence; or elſe what means this Expreſſion in it?Sir W. Dudg. his ſhort View, f. 132. That whenſoever his Majeſty's Honour and Intereſt ſhould be in Danger, they would as one Man (obliged by the Laws of God and Man) apply themſelves to his Succour and Defence.—And the Chancellor, and others the Lords of that Kingdom had (by their Letter of 1. July 1643.) aſſured his Majeſty, That no Arms ſhould be raiſed, without his ſpecial Commiſſion. And after all this (and contrary to the Common tye of Nature) to run into open Rebellion againſt him! What may it mean? I'll tell ye.

This Matter had been hatching ever ſince the Third of his Reign, and though the Chick appear'd not till the Year 1637, yet it could run about with the Shell upon its Head, and it wanted not Friends in England to keep it alive, till it could feed it ſelf, and if it liked not one Barn-door take to another. The Metaphor is too viſible to need Application. There was a kind of a Kirk Party in England, that finding the King firm to his Principles, knew there was no better way to deal with him than by reducing him to Neceſſities, to the end that being forc'd to extraordinary means for Supply, he might diſguſt the People, and conſequently attract an Odium. But what's a Bow without a Bowman? The Scots and they made but one Kirk, Money was the Nerve that would keep them together, and what need many words among Friends. Nor were they long without the occaſion of ſhewing their Fidelity: The new Liturgy (as before) had been ſent to Edinburgh. The Scots preſently take the Alarm; are quieted again, but loſt nothing by it, and in return make the King all Proteſtations of future Loyalty.

How comes it then you'll ſay, that it was not long after that they invaded England, and after that took Arms for the Parliament againſt the King? The Caſe is plain; the King had no Money; the Houſes had, or at leaſt knew where to get it: Nor will it be unworth any Man's while to ſee what that was.

They had, as a Relief to the Scots for their Loſſes,17 Car. 1. and a ſupply of our Brethren of Scotland (for ſo the Act words it) 220000 l. rais'd for them by Act of Parliament.

By an Ordinance of Lords and Commons, Vid. Hughes's Abridgement of Acts and Ordinances, p. 92. 27 Octob. 43. — 66666 — 13 — 4. for their Brotherly Aſſiſtance in the defence of the common cauſe of Religion and Liberty.

By a like Ordinance Feb. 20. 1644.—21000 l. per Menſ. Id. p. 178. for the maintenance of the Scots Army under the Earl of Leven.

Further confirm'd. Id. p. 197. June 13. 1645.

Continued for four Months more. Id. p. 220. 25 Aug. 1645.

By a like Ordinance, Id. p. 201. June 20. 1645. — 130000 l. for enabling the Scots Army to advance Southward.

And by a like Ordinance Decem. 3. 1645.—31000 l. Id. p. 237. for payment of the Scots Army.

Beſides all which, I find in the continuation of Sir Richard Baker, Fol. 611. Several other Moneys rais'd for the Scots, which becauſe they agree neither in Sum nor time, I thought fit to tranſcribe, and leave it to my Reader to judge of it as he thinks fit.

Taxed by them in 16 Car. 1. 350 l. per diem, on the Biſhoprick of Durham; and 300 l. per diem on the County of Northumberland, on the penalty of Plundering. — In the 20th they were impowered by Parliament to aſſeſs for themſelves the twentieth part of the North, &c. — In the 21ſt ſent them 30000 l. to induce them to beſiege Newark. — In the 22d, 200000 l. more for delivering up the King: And another 200000 l. ſecur'd them out of the publick Faith. — And 16000 l. allowed them for the charge of their Carriages. All which I leave (as I ſaid) to my Reader to judge; and whether (notwithſtanding all that cry of Religion and Loyalty) it far'd not with them like Atalanta in the Fable, Declinat curſus,Ovid •• 〈◊〉 . l. 10. F •• . 15. aurumque v • lu • ile tollit.

And truly conſidering all, if they were not well paid for their Pains, I wiſh they were.

CHAP. XIV. Ʋpon the Covenant.

UPON this Theam (ſaith our Anſwerer) his Diſcourſe is long, his Matter little but Repetition, and therefore ſoon anſwered. And truly here he is better than his Word; for either he gives it no Anſwer at all, or where he does, it is ſo perfunctory that he only juſtifies the Proverb of Canis ad Nilum. As witneſs that Repetition of which he ſhews not one, and for the Matter (which is full and unanſwerable) he mumbles it as a Cow does Thiſtles, but dares not chew it for fear of pricking his Chops. But we'll ſee what he ſays.

After an abuſive and ſtrange apprehenſion of Covenants, as if Men pawn'd their Souls to them with whom they Covenant, he digreſſes to plead for Biſhops, firſt from the antiquity of their Poſſeſſions here ſince the firſt Plantation of Chriſtianity in this Iſle; next from an univerſal Preſcription ſince the Apoſtles till this laſt Century. But what (ſaith he) avails the moſt primitive Antiquity againſt the plain Senſe of Scripture, which if the laſt Century have beſt follow'd, ought in our Eſteem to be first. And yet it has been often prov'd, &c. that Epiſcopacy crept not up into on Order above Presbyters till many years after the Apoſtles were deceas'd.

Abuſive he ſaid! But wherein? For neither is it the way of his Majeſty's Pen, nor can any forc'd Interpretation bring the words to any thing like it. For if the Contrivers and Impoſers of the ſolemn League and Covenant did not reciprocally pawn their Souls to each other, they call'd God as a Witneſs and Avenger of the Perfidy. When Laban and Jacob made a Covenant between them, they ſet up a Pillar and a heap of Stones; And Laban ſaid to Jacob, Behold this Heap, Gen. 31. v. 51, 52, 53. and behold this Pillar; be they a Witneſs betwixt me and thee, and the God of our Fathers judge betwixt us: And Jacob Swore by the Fear of his Father Iſaac. i. e. By that God whom Iſaac his Father fear'd; whereas Laban on the other hand was an Idolater. And yet the Oath was Religious and binding; for it was not the God of Nahor, or the Pillar and heap of Stones that made any thing in it, but the true God that was repreſented by it. Not that I ſay that the Covenant was Religious or obligatory to any but the exacters of it, as I ſhall ſhew preſently; but to take notice of that Saying of our Anſwerer, As if Men pawn'd their Souls to them with whom they Covenant: Which in other words make this: As if any Man ſhould be ſo ridiculous as to believe the Houſes (who knew the Scots were afraid of being left in the lurch, and therefore would not come in without it) meant any thing more by it than to ſerve a turn. And truly ſo far he was in the right; for there is a great deal of difference between a Heart-Oath and a Lip-Oath; a Book-blowing as the Scots call it; and the Tragedian more expreſſively, Jurata lingua eſt, mente juravi nihil.

Nor have I ſooner got over one (if) than another lies in my way: The King (ſaith he) pleads for the Biſhops, from their Antiquity, &c. But what avails Antiquity againſt Scripture, which if the laſt Century have beſt follow'd, ought in our eſteem to be firſt. But if they have not beſt follow'd it, what then? And if he has not prov'd that they have ſo done, as he has not; I ſay he has ſaid nothing to the purpoſe: But the matter concerns Churchmen, and I leave it to them, with this for my ſelf: St. Paul left Titus in Crete, Tit. 1.5. That (ſaith he) thou ſhouldſt ſet in order the things that are wanting, and ordain Elders in every City as I had appointed thee. And when the Presbyters ſhall ſhew half that Authority for Juriſdiction and Ordination, I ſhall begin to believe there may be ſomething in it, and that the Words Biſhop and Presbyter are but Synonoma's; though in the mean time I am and ſhall be — Nullius in verba.—

The next thing he takes notice of is, that His Majeſty ſays, He is unſatisfied with many Paſſages in the Covenant (ſome referring to himſelf, with very dubious and dangerous limitations) for binding Men by Oath and Covenant to the Reformation of Church Diſcipline and Government. To which our Anſwerer ſays: Firſt, thoſe Limitations were not more dangerous to him, than he to our Liberty and Religion; and cunningly ſlips the Cart before the Horſe, for well he knew Religion was but the Pretence, whereas the deſign was under the name of Liberty to warrant Licentiouſneſs; and therefore it was but good Manners that the Hand-maid waited on the Miſtreſs. Next, that which was there vowed to be caſt out of the Church, an Antichriſtian Hierarchy, which God had not planted, but Ambition and Corruption had brought in: Apoint not to be argued but of Moral Neceſſity to be forthwith done.

And whether the King had not ground enough for the words before, let any Man judge: They Swear to endeavour to preſerve the Rights and Privileges of Parliament, Art. 3. &c. without the leaſt Limitation, or ſo much as ſtating what they are; where by the way we may note, that the Privileges of Parliament (whatever they be) have got the Precedency of His Majeſty's Perſon: But when they come to the King, they ſwear to endeavour to preſerve and defend the King's Perſon and Authority in the Preſervation and Defence of the true Religion and Liberties of the Kingdoms, i. e. So long as they ſhall ſay he defends them. Which is not ſo much as they Swear to do for any ordinary Perſon that enters into this Covenant,Art. 6. whom they vow abſolutely to aſſiſt and defend; but here they undertake no more than barely to endeavour to defend the King, and that with a Limitation. Now ſuppoſe the certain ſafety of the King's Perſon came in competition with any of their real or pretended Privileges, Which was to have the Preference? Or that the Houſes having gotten all the Power into their Hands ſhould have ſaid (as they did afterwards) that he did not preſerve and defend the true Religion, and the Liberties of the Kingdoms; might they not alſo have ſaid, We are free of this Oath? and ſo rather ſuffer his Perſon to periſh, or actually to deſtroy him than violate a Privilege. For my part I take them to be doubts well worth the ſolving. And for the dangerous part of it, there is an Article in it,Art. 4. To bring all Delinquents to ſuch Puniſhment as the Supream Judicatories of both Kingdoms reſpectively ſhall judge convenient. Nor was that Article put in to no purpoſe,Milton. 202. and Cromwel nick'd his buſineſs with it, when to bring on the Commons to thoſe Votes of Non-addreſſes, he told them they were obliged by the Covenant to bring all Delinquents to Puniſhment. And I (ſaith he) impeach the King as the grand Delinquent of the Nation. And now tell me any Man where the King judg'd amiſs, when he ſaid ſome Paſſages in this Covenant referr'd to himſelf with very doubtful and dangerous Limitations. Though our Accuſer thinks it enough for him to have ſaid, Thoſe Limitations were not more dangerous to him than he was to their Liberty and Religion.

His next is that Antichriſtian Hierarchy, which was there vowed to be caſt out of the Church, &c. Whether God planted it or not is not the queſtion; the King's Progenitors had bountifully water'd it, and the Law of England ſet a Hedge about it. They held their Poſſeſſions in Barony; the Statute pro Clero calls them Peers of the Realm; and another of Queen Elizabeth, 2 • Ed. 3. c. 6. 8 E • c. 1. one of the greateſt States of this Realm. And for a Fag-end of a Parliament, without the King's Conſent, nay contrary to his Will, to take upon them to extirpate ſo ancient, ſo eſtabliſh'd an Order, and diſ-ſeize them of their Free-hold without a legal Trial, whatever the Liberty or Religion of it might be, I am ſure it was contrary to Magna Charta. And himſelf ſays, it is a Point not to be argu'd, but of a clear Moral Neceſſity to be done: And a moſt expeditious Anſwer! though it may ſeem much in the dark to every Man but himſelf, and the Actors in it.

Nor was it (ſaith his Majeſty) leſs than ſuperfluous to enjoyn Oaths where former Religious and Legal Engagements bound Men ſufficiently to all neceſſary Duties. But it was (ſaith he) the Practice of all reforming Churches: Iſrael were bound enough before by the Law of Moſes to all neceſſary Duties, yet with Aſa their King entred into a new Covenant at the beginning of a Reformation, &c. And as well might he have prov'd it out of the firſt Words of Geneſis, Is the Beginning: i. e. In the beginning of Formation the World was Created, and in the beginning of Reformation the Covenant was produc'd. But to give it a direct Anſwer: This New Covenant of which he ſpeaks, was not about Pretended Privileges, or diſputable Liberties in matters of State, nor any Conjectural Fancies in Point of Religion,2 Chron. 15.12.15. but to ſeek the God of their Fathers; in which alſo the King joyn'd with them; and it is ſaid of it, that God was found of them, and gave them reſt round about, which cannot be ſaid of ours: And which may be further obſervable; of all the Covenants made by the Jews, there was no one of them ever Sworn againſt the Will of the Supream, or at leaſt Subordinate Rulers; not oppoſed, but rather countenanced by the Supream; and the matter of their Covenant was always enjoyn'd by God himſelf.

And whereas he further ſays, The Jews after the Captivity, without Conſent demanded of that King who was their Maſter, took a Solemn Oath to walk in the Commandments of God. See how he ſlurs it upon the unwary People! That King, &c. The Jews from the Captivity to the coming of our Saviour, had no Kings of their own, but were govern'd by Deputies and Vicegerents, who had not Supream Authority in themſelves, but as it pleas'd the Perſian Monarchs (and afterward Alexander and his Succeſſors) to aſſign them; and theſe were call'd Heads or Princes of the Captivity, of whom Zerobabel was the firſt; and upon the Reſtauration of the Captivity by Cyrus, came back again with them to Jeruſalem and Judah; and with him, Nehemiah, as one of the chief of the Fathers: For in the third of Nehemiah, ver. 16. he is call'd a Ruler, and in the fifth, verſe 14. Governour in the Land of Judah: With this Nehemiah it was that the Princes and the Prieſts made the Covenant our Anſwerer ſpeaks of,Nehem. 10.1. and Nehemiah ſeal'd to it, as the Tirſhatha, or Governour; and the People clave to their Brethren their Nobles,Ver. 29. and entred into an Oath to walk in God's Laws. And now what need was there to demand that King's (Artaxerxes) Conſent, when his Vicegerent joyn'd with them? In a matter too, which terminated in themſelves, and their own Worſhip, without the leaſt deſign of extirpating their Maſters, the Syrians or Babylonians. And when he calls it a Solemn Oath, what other is it than to wheedle the People into an eaſier ſwallow of it, and that the Solemn League and Covenant was juſt ſuch another?

And yet our Anſwerer will not away with it when the King ſays, They made their Covenant like Manna (not that it came from Heaven as this did) agreeable to every Man's Palate: For the drift (ſaith he) is that Men ſhould loath it. Whereas if we truly conſider the thing, never was Compariſon more aptly applicable:Exod. 16.15. For when Iſrael firſt ſaw it, they ſaid one to another, Manna (or, What is this?) for they wiſt not what it was,Ver. 20. and if they kept it above a day, it bred Worms and ſtank.

CHAP. XV. Ʋpon the many Jealouſies rais'd, and Scandals caſt upon the King, to ſtir up the People againſt him.

THere is a great deal of difference between Accuſations and Calumnies, the firſt neceſſary to all Popular States, whereby to keep any one's growing too great for the reſt (as may be ſeen in the Athenian Oſtraciſm, or Baniſhment for ten Years, and the Syracuſian Petaliſm, for five Years;) but Calumnies were ever exploded, as the bane and deſtruction of Common Society: And if they are ſo dangerous to Commonwealths, what muſt they be to Monarchy, which is never truly ſupported but by being at unity within it ſelf? And yet ſuch were the Artifices of thoſe times, that they rais'd their Babel on no other Foundation; and what the effect of it was, we have all ſeen: however, it muſt not ſeem ſtrange that our Anſwerer, bred at the Feet of thoſe Gamaliels, ſhould all along Copy ſo exactly after the Original. But to paſs his railing, and come to his Matter, which is ſo looſe and thin that I was once going to throw it away; till I better conſider'd, that the beſt way to undeceive the People, was to undraw the Curtain and ſhew them how they had been deceiv'd; and if in the doing it they have not tack'd together all the ſhreds and parings of Policy, let any Man judge.

What the Plot of the Play was, appears in their laſt Act; and that was, by the Murther of their Lawful Soveraign, to transform and new model an ancient Monarchy into a Muſhrome of a Commonwealth. But many things were to be done by the way, and without the People it was impoſſible to effect it. They knew the People lov'd the King, but had withal taken a diſcontent at ſomewhat, but what that was not a Man of them could tell: Nor were they to learn of what importance the aſperſing a Prince is, to boil up that diſcontent to a height fit for a Rebellion. To have done this directly had been to betray themſelves: No, they firſt commend him for a good Prince, a King that would do any thing for his People—But alas! — There are ſome about him.—The more's the pity.—However, God in his time can mend all: And yet—the leſs they ſpake of it the better; which was as much as if they had been bidden to tell no body but Folk of it.

This Foundation thus laid, they ſuppreſs the Vertue, and lay open the defects of the Government. The diſſolution of Parliaments.—The Cales Expedition. — The Peace with Spain. — Loan-Money. — Ship-Money. — Enlargement of Foreſts. — Fines, Impriſonments, &c. by the Star-Chamber. — Acts of Council-Table.—Selling of Offices. — Inſolence of Biſhops, and muzzling the Mouths of painful Teachers; and what not! So that where lay the difficulty of raiſing what Super ſtructure they pleas'd, or wonder (as it is ſaid of Abſalom's Rebellion) that the People went with them in their Simplicity, • Sam. 15.11. and knew not any thing: Till from one thing to another they came at laſt to devolve the pretended faults of the Officer upon the Office.

Nor was the matter yet come from Words to Blows, when his Majeſty had gratified them in moſt of thoſe Particulars; but now that they had gotten an Army, it is not what the King would grant, but what the Houſes will be pleaſed to accept. The King alſo begins to have an Army, which, becauſe it appear'd more conſiderable than they imagin'd Loyalty without Money could have ever brought together, they take up another Artifice, and clamour it to the People, That the King made uſe of Papiſts againſt them: That all might be at Peace if it were not for Evil Counſellors: And for themſelves, that their Intentions were the liberties of the Kingdom, as the King in this Chapter particularly takes notice of; and our Anſwerer in his wonted Scurrility runs off to other matter; yet e're he was aware confeſſes, The Sum is, they thought to regulate and limit his Negative Voice, and ſhare with him in the Militia, which (in the Eighty fifth Page of his Book) he owns to have been wrung out of his Hands.

And yet while they thus charge the King with making uſe of Papiſts againſt them, they ſtifle that Army of Sectaries themſelves brought againſt him. An Army ſo diverſified in Opinion, that had any one Regiment of them been to have entred the Ark, the Flood might have ſooner come than Noah ſuited them into Pairs. And now Clodius accuſat Moechos! Does Simeon accuſe Levi! I ſhould think he ought not; eſpecially if we come to the order of the Houſe, that admits no Man to criminate another till he ſhall have firſt clear'd himſelf. But allowing it to be true: Thoſe Papiſts were the King's Subjects, and by the Law of the Land equally oblig'd to ſerve the King as well as Proteſtants, who yet fought againſt him. But did the Houſes never make uſe of Papiſts? I am ſure they would have done it; or otherwiſe what means that Declaration of theirs, That if any Papiſts would bring in any conſiderable Sums of Money upon the Propoſitions, Oct. 6. 1642. it ſhould be receiv'd: and for matter of Fact that they did ſo, They hired Owen Roe O Neal to raiſe the Siege of London-Derry in Ireland, then beleagur'd by His Majeſty's Forces.

And then for his hearkning to Evil Counſellors, a thing ſo often charg'd upon him by the Parliament. But who were theſe Evil Counſellors during His Majeſty's Impriſonment, and when they lock'd him up ſo that no-body could come at him, and yet ſtill the ſame Man? But we are off the Scent: Themſelves were not thoſe Counſellors; and if they had been (perhaps) we had heard no more of it. The Lord Cottington was a deſperate Delinquent, but had the Grace to know where his Delinquency lay: He gave up his Maſterſhip of the Court of Wards to a confiding Lord, and for that time Cantavit vacuus—The Beaſt Caſtor takes his Name a Caſtrando, and when the Hunters have gotten what they Hunted him for, they take off their Dogs.

And laſtly, for what concerns their own ſo much boaſted Preſervation of the Rights and Liberties of the Kingdom, it may be much doubted whether they did ſo or not; but this I dare ſay, if they merited Heaven by it, it was by an Antiperiſtaſis; for how ſtrong ſoever they found the Bleſſing of Judah upon this Land, they brought it down to that other of Iſſachar. As (beſides what I have ſaid before) witneſs their Committees (in every County under their Power) for the ſeizing and impriſoning Malignants, i. e. Such as refuſed to give them the 25th part of their Eſtates; and becauſe the County Gaols were too few to hold them, erecting others in moſt Cities, and throwing the moſt conſiderable of them on Ship-board. — Their Sequeſtring the Eſtates of the Royal Party, and denying them the benefit of the Statute that indempnified them:11 Hen. 7. c. 1. Forcing ſome to Compound, and ſelling the Eſtates of ſuch as refus'd it.—Their frequent Headings and Gibbettings.—Their Sale of King's, Queen's, Princes, Church-Lands, &c.

Add to this thoſe heavy Burthens (which without any Authority, and contrary to Law) they laid upon the People, with a ſaving nevertheleſs to the Members of either Houſe; and the almoſt incredible Sums of Money they rais'd thereby.Contin. of R. Baker. Fol. 610. See the Ordin. of both Houſes. Mar. 1642. As witneſs that their Weekly Aſſeſſment of Thirty three Thouſand Nine Hundred Eighty one Pounds Thirteen Shillings upon England and Wales; which for the Year came to One Million Seven Hundred Sixty Seven Thouſand Forty five Pounds Sixteen Shillings.—The vaſt Sums of Money they made of the Plate, Rings, nay even,Sir W. Dugd. Short View. Fol. 96. Bodkins and Thimbles brought into Goldſmiths-Hall, which in London, Eſſex and Middleſex came to eleven Millions.—The Moneys lent upon publick Faith.—The Profits of thoſe Lands and Eſtates ſo ſeiz'd, and the many Millions they got by the Sale of them.—Beſides thoſe By-jobbs through moſt Counties for the raiſing Horſe, Foot, and Dragoons, See Hughes's Abridg. for the years 1643, 1644, 1645. the maintaining of them, the defence of ſome Garriſons, and the reducing of others. And all this for the preſerving the Rights and Liberties of the Kingdom; which puts me in mind of that of Tully (Nomina rerum perdidimus, Ad Atti • um. & Licentia Libertas vocatur) we have loſt (ſaith he) the names of things, and Licentiouſneſs is call'd Liberty. And yet, the Tabernacle of the Robbers proſper'd,Job 12.6. and thoſe that provok'd God were ſecure.

CHAP XVI. Ʋpon the Ordinance againſt the Common-Prayer-Book.

IT is no News (ſaith his Majeſty) to have all Innovations uſher'd in with the name of Reformations in Church and State, by thoſe, who, ſeeking to gain Reputation with the Vulgar for their extraordinary Parts or Piety, muſt needs undo whatever was formerly ſettled never ſo well and wiſely. And leſs News it is (ſaith our Anſwerer) to have all Reformation cenſur'd and oppos'd under the name of Innovation, by thoſe, who being exalted in high Places above their Merit, fear all change, though of things never ſo ill, or ſo unwiſely ſettled. Which is no more than ſo many Words ſtitch'd together, without he had ſhewn wherein this Book had been ſo ill or unwiſely ſettled: But were there—That had been to queſtion the Godlineſs and Wiſdom of the Compilers of it, whom Mr. Fox calls Martyrs; or what was worſe,2 and 3 Ed. 6. c. 1. run foul of the Statute that ſays, It was concluded by the aid of the Holy-Ghoſt.

But (ſays he) Edward the Sixth confeſſes it was no other than the Old Maſs-Book done into Engliſh, and modell'd no farther off it, leſt by too great an alteration they ſhould incenſe the People. And prudently one would think; becauſe to run fartheſt from what one was laſt, may be a ſign that he has altered his Opinion, but no Argument that it is for the better. But the point lies elſewhere. The Univerſities had thrown more Truants abroad than the Church of England either could, or thought fit to provide for; to have gone back again they were too well known; and to ſet up in the Country there requir'd no more but a few Notes at St. Mary's, and a double Portion of Lungs and Confidence, for Words (ſays he) will follow of themſelves. And if they had the knack of laying Damnation home to them, whom ſhould the People run after but thoſe that could ſave them? As if a Man had a Sore Leg, and he ſhould go to an honeſt judicious Chirurgeon, and he ſhould only bid him keep it warm, and anoint it with ſuch an Oil (an Oil well known) and that would do the Cure: haply he would not much regard him, becauſe he knows beforehand the Medicine is but ordinary: But if he ſhould go to a Quack that ſhould tell him, your Leg will Gangrene in three days, and muſt be cut off, or you'll die unleſs you do ſomething that I could tell you; what liſtning would there be to this Man? Oh for the Lord's Sake tell me what it is, I will give you any Content for you Pains. And ſuch was the Trade of theſe Men, they cry'd down the Common-Prayer, not that they could juſtly find any fault with that Doſe of prepar'd Words as he calls it, but make the better way for their own Enthuſiaſms; whereas there ſeems no reaſon why a Man may not as well Pray in a Set-Form which is commanded, as Sing in a Set-Tone, which was never ſo much as recommended.

But we'll examine it a little. It is the advice of the Preacher, Be not raſh with thy Mouth,Eccleſ. 5. v. 2. and let not thy Heart be haſty to utter any thing before God: For God is in Heaven and thou upon Earth; therefore let thy Words be few. And when the Diſciples beſought our Saviour to teach them to Pray,Luke 11.1: as John alſo taught his Diſciples, how eaſy had it been for him, if he had approv'd this Extemporary way, to have bade them take no care for what they ſhould ſay, for it ſhould be given them in that Hour? Whereas on the contrary,Math. 6.7.9. he not only forbade them the uſe of vain Repetitions as the Heathen do, but laid an Injunction on them to pray after this manner, Our Father which art in Heaven, &c. And denounced Woe to the Scribes and Phariſees for devouring Widows Houſes under a Pretence of long Prayer. Mar. 12.40. In a word, and if the Authority of Holy Writ be of any force, I think our Gifted Men may make up their Packs, unleſs they produce ſome equal Authority to counterbalance it; and if they ſhall not, there was beſides that Authority an Act of Parliament in the Caſe, which no Ordinance could ever amend, much leſs abrogate; but leaſt of all, were Cranmer, Ridley, Latimer, &c. alive would they thank him for ſaying this Engliſh Maſs-Book was Compoſed, for ought we know, by Men neither Learned nor Godly.

CHAP. XVII. Of the differences between the King and the two Houſes, in point of Church-Government.

TOuching the Government of the Church by Biſhops (ſaith His Majeſty,) the common Jealouſie hath been, that I am earneſt and reſolute to maintain it, not ſo much out of Piety as Policy and reaſon of State. And ſaith our Anſwerer, hath been ſo fully prov'd from the Scriptures to be vicious and uſurp'd, that whether out of Piety or Policy maintain'd, it is not material. With this further, that we may have learnt from Sacred Story, and times of Reformation, that the King's of this World, have both ever hated, and inſtinctively feared the Church of God. But that they have been ſo prov'd to be as he ſays, he takes it for granted that his Aſſertion is Proof enough; for other, he gives none, unleſs it be that Pharaoh when he grew jealous leaſt the Iſraelites ſhould multiply and fight againſt him, his Fear ſtirr'd him up to afflict and keep them under: And to the ſame drift this King and his Father found the Biſhops moſt Serviceable. And now 'tis all out, and we ſee what that Church of God (he means) is, viz. The Seditious Exorbitancy of Miniſters Tongues, which his Father, and himſelf, and Queen Elizabeth before them ſo Inſtinctively, nor without juſt cauſe had reaſon to ſuſpect. A ſort of People which King James the firſt calls Proud Puritans, 〈 in non-Latin alphabet 〉 . 65. who cry we are all but vile Worms, and yet will judge and give Law to their King, but will be judged nor controul'd by none. And ſome Leaves before;Id. p. 30. Informing the People that all Kings and Princes were naturally Enemies to the Liberty of the Church, and could never patiently bear the Yoke of Chriſt; Id. p. 31. and therefore (ſaith he) take heed (my Son) to ſuch very Peſts in Church and Commonweal, whom no deſerts can oblige, neither Oaths nor Promiſes bind: breathing nothing but Sedition and Calumnies, aſpiring without meaſure, railing without reaſon, and making their own Imaginations (without any Warrant of the word) the Square of their Conſcience. Nor were they of leſs diſturbance to Queen Elizabeth than they had been to him, as witneſs that Letter of Sir Francis Walſingham's before-mention'd. Chap. 13 And the Lord Keeper Puckering's Speech in Parliament, where by the ſame name of Puritans he charges them to have perſecuted Her Majeſty ſo vigorouſly, that they thereby open'd the Door to the Spaniſh Invaſion; and warn'd the Parliament from her Majeſty to give no Ear to their weariſome Sollicitations; for while in the giddineſs of their Spirits they labour to advance a new Elderſhip, they do nothing but diſturb the good Repoſe of the Church and the Commonwealth. And how they dealt with his Majeſty, there are few Men (ſure) can be ſo much Strangers at home as not to know. And therefore if the Biſhops (as Cicero in his Conſulſhip ſays of himſelf, Eos qui otium pertuban • reddam otioſos) took his way of Silencing that Seditious Exorbitance of their Tongues, they were Serviceable I muſt acknowlege it, but wherein did they exceed the Obligation of their Office? But to proceed.

What the Biſhops by the Laws and Conſtitutions of this Kingdom were and are, I have already ſhown. And therefore for anſwer to what he ſays, Chap. 14 That many Weſtern Churches ſettled above Four Hundred Years ago in France, &c. have not admitted of Epiſcopacy among them. The reaſon is obvious, not that they would not admit Epiſcopacy, but that they liv'd in a Catholick Country, and ſo muſt either have Catholick Biſhops, or govern themſelves as well as they might: And if they have no Biſhops, they have ſomething elſe that has the Power of Biſhops, though it be in many; and thirty ſingle Pence with us make a Half-Crown.

In a word, they that would pull down Biſhops and erect a new way of Government, do as he that pulls down an old Houſe and builds another of a new Faſhion; there's a great deal of doe and a great deal of Trouble; the old Rubbiſh muſt be carried away, and new Materials muſt be brought; Workmen muſt be provided, and perhaps the old one might have ſerv'd as well.

CHAP. XVIII. Ʋpon the Uxbridge Treaty, and other Offers made by the King.

I look upon Treaties (ſaith his Majeſty) as a retiring from Fighting like Beaſts, to argue like Men. — And though I could ſeldom get the Opportunity, I never wanted either deſire or diſpoſition to it. And if (ſays our Anſwerer) he look'd upon Treaties as a retiring from Beſtial Force to Humane Reaſon, his firſt Aphoriſm here is in part deceiv'd, for Men may treat like Beaſts as well as fight. When through dilatory purpoſes they come from fighting to undermining. Thereby inſinuating that ſuch and no other was the end of all the King's Treaties: But whoſe that degenerous way was, and whether the King's or the Houſes we come to examine; with this by the way, that the Houſes never deſir'd any Treaty, but when they were making their Recruits, or foreſaw the King would be upon them before they were ready for him, if they could not divert him by a Treaty: And ſuch was this their Petition to him at Colebrook to vouchſafe a Treaty. The Story lies thus.

The King had ſet up his Standard at Nottingham, at which time Eſſex lay with his Army at Worceſter to attend his Motion, who finding his Forces not ſufficient enough to give Eſſex Battle, he went to Shrewsbury, where he was quickly furniſh'd; and having appointed the Earl of Lindſey to be General, marches towards London: Eſſex ſeems to take no notice of it, and makes no offer to ſtop him, but as ſoon as he was gone by keeps cloſe in his Rere: The King to avoid being hemm'd in between Eſſex and the City of London, turn'd upon him, and gave him Battle at Edgehill, in which, whoever had the better of it, Eſſex thought fit to get back for London, which was ſo frighted that they had ſhut up their Shops, and the Houſes cauſed all the Train'd-Bands and Auxiliaries to be drawn together. The King on the other hand unfortunately ſtruck off to Oxford, but continuing his former Reſolves for London, he again advances towards it, and is met (with the Petition before-mention'd) at Colebrook, but finding it nothing but a deſign to get time, he forceth his way at Branford, where he cut off three of their Regiments, and (by what Fate or Council I know not) was again diverted for Oxford; whither (the North being generally reduc'd to his Obedience) the Queen return'd from Holland. His Arms ſucceſsful in the Weſt, their own affairs half under Water, and they Scots not yet come to their Aſſiſtance, they ſend Commiſſioners to Treat, but with ſuch Propoſitions as they were ſure would protract time, but never be yielded unto.

And if he will not, Eſſex and Waller had two Armies, and they appear before Oxford, but the deſign having been ſmelt before, the Queen is ſent into the Weſt, and himſelf marched towards Worceſter, on which Eſſex and Waller divide their Armies, Eſſex goes into the Weſt, and Waller follows the King, who turn'd upon him at Copredy Bridge, and gave him a total Rout; and forthwith follow'd Eſſex into Cornwall, from whence Eſſex got off in a Boat for Plimouth, and his Horſe having broke through in the Nig • t, the Foot were forc'd to lay down their Arms, and upon conditions never more to bear Arms againſt the King, were ſuffer'd to depart.

The King before this time had from Eveſha • deſir'd and propounded a further Treaty for the full ending the matters in queſtion, July 4. 1644. but they had two Armies (as was ſaid before) and thought it below them to return him an Anſwer: However, the King after this double Succeſs thinks it no diſhonour to renew his deſires of a Treaty, Sept. 8. 1644. and by a Meſſage from Taveſtock does it, but to no purpoſe: For what with the remains of Waller's Army, Eſſex's Horſe that broke through, and the Foot whom they had Preach'd into new Arms, (by perſwading them the Conditions were unlawful, and conſequently invalid) the Train'd-bands and Auxiliaries, they had form'd a conſiderable Army before the King could get out of the Weſt; but there alſo being diſappointed in the Succeſs, a Treaty is appointed at Ʋxbridge, Jan. 30. 1644. where the Commiſſioners on both ſides met; but thoſe for the Houſes limited to twenty days.

This Treaty is the Argument of this Chapter; and though I have been longer in coming to it than might regularly become the ſhortneſs of a Reply, yet becauſe it contributes much to the diſcovery of the Intrigue, and where the fault lay, and whether the King or the Houſes may be charg'd more juſtly with it, I may be the more excuſeable.

To be ſhort, the Treaty began, and the King made ſuch large Conceſſions, that if they had met him one third of the way,See the Treaty at large in the Folio Book of the King's Works. Ecl. 512 it was impoſſible but it muſt have concluded in a Peace. For it was (as alſo ſays our Anſwerer) come to theſe three Heads; Epiſcopacy, the Militia, and Ireland: To which His Majeſty's Commiſſioners thus anſwer'd, That the firſt as it was propos'd took off all dependency of the Clergy upon His Majeſty, propoſing only the Biſhops Lands to be ſettled on him (ſubject nevertheleſs to the diſpoſal of the Houſes) whereas all the Lands of Biſhops, Deans and Chapters, &c. (if thoſe Corporations muſt be diſſolv'd) belong to the King in his own Right.

As to the Militia, as it was propoſed, the King was ſo totally diveſted of the Regal Power of the Sword, that he would be no more able to defend any of his Allies than his own Dominions from Rebellion and Invaſion; and conſequently the whole Power of Peace and War (the acknowledg'd and undoubted Right of the Crown) is taken from him.

And as to Ireland, the Power of nominating the Lord Lieutenant, &c. and other Officers there, and in that the dependency of that Kingdom, would as it was propos'd, be taken from him. And to add to all, it was farther propos'd, to bereave him of the Power of a Father in the Education and Marriage of his Children, and of a Maſter in rewarding his Servants. And ſo, what between pretended want of Inſtructions, and the twenty days ſpun out to nothing, the Treaty broke off, as well it might, with them that came prepar'd not to yield any thing: However, his Majeſty's Commiſſioners deſir'd an Enlargement of time, but it would not be granted.

And to Salve it on their ſide, our Anſwerer runs to his common Topick, That the King had nothing (no not ſo much as Honour) but of the People's Gift, yet talks on equal terms with the grand Repreſentative of that People, for whoſe ſake he was made King: And is one of the modeſteſt Expreſſions of his whole Book, and which I have ſo fully anſwer'd before, Chap. 6 that I need not add any thing farther to it here.

CHAP. XIX. Ʋpon the various Events of the War; Victories and Defeats.

THIS Chapter relates nothing to the Hiſtory of thoſe times, and is a brief but pathetical Account of his Majeſty under thoſe varieties of Events, wherein he acquitted himſelf, Juſtum & tenacem propoſiti virum, Quem Civium ardor prava jubentium Mente non quaſſit ſolida.— And verified his own Words, That he wiſh'd no greater advantage by the War, than to bring his Enemies to Moderation, and his Friends to Peace: As alſo thoſe other, That if he had yielded leſs he had been oppos'd leſs, and if he had denied more he had been more obey'd. And if the Word of a King may not paſs in his own Caſe, take in all Hiſtories of him, and you'll find him ſo little made up of Accidents, or ſubject to them, that he ſacrific'd his Particular to the advantage of the whole, and more regarded an honeſt Life than a ſafe one.

Nor has our Accuſer's railing given me Ground to take notice of him in this Chapter, other than when he ſays, His Lips acquitted the Parliament not long before his Death of all the Blood ſpilt in this War; which alſo he had ſaid before; and to what I then urg'd I only add this now, That His Majeſty at the Treaty of the Iſle of Wight ſeeing the unreaſonableneſs of their demands, made ſome Queries upon them, of which this was one,See tho King's Book in Folio. Fol. 608. Whether his acknowledgement of the Blood that had been ſpilt in the late Wars (nothing being yet concluded or binding) could be urg'd ſo far as to be made uſe of by way of Evidence againſt him, or any of his Party. And whether this be an acquitting the Parliament (for other I am ſure there is none) I appeal to any Man. His Majeſty came as near the Wind as with Honour he could, till finding at laſt that nothing would do, as ſtripp'd as he was of every thing but his Vertue, and the Freedom of his Mind, he juſtified to the World, that however he was within the common Chance, he was not under the Dominion of Fortune.

CHAP. XX. Ʋpon the Reformations of the Times.

I Need not tell my Reader the Argument of this Chapter, the Title ſpeaks it, and As his Majeſty was well pleas'd with this Parliament's firſt Intentions to reform what the indulgence of Times and corruption of Manners might have deprav'd; ſo (ſaith he) I am ſorry to ſee how little regard was had to the good Laws eſtabliſh'd, and the Religion ſettled, which ought to be the firſt Rule and Standard of Reforming. But our Anſwerer will by no means hear thoſe two Bugbears of Novelty and Perturbation, (an Expreſſion his Majeſty uſes in this Chapter) the ill looks and noiſe of which have been frequently ſet on foot to divert and diſſipate the Zeal of Reformers: A • it was the Age before in Germany by the Pope, and by our Papiſts here in Edward the Sixth's time. Whereas Chriſt foretold us his Doctrine would 〈◊〉 be receiv'd without the Cenſure of Novelty and many great Commotions. But with his Favour, he neither ſhews us that this Parliament had the ſame Authority which our Saviour had, or that they proceeded his way: For beſides that He came not to deſtroy the Law, Mat. 5.17. but to fullfil it in all Righteouſneſs, he commanded this to his Diſciples (Habete ſal in vobis, Mar. 9.50. & pacem inter vos) Have Salt, (i. e. Wiſdom) in your ſelves, and Peace one with another. And as he knew God was the God of Order, not of Confuſion, he left the Care of his Church to his Diſciples, but no where (that I find) to reform it by Tumults, or under the Face of Religion to deſtroy the Power of it; as muſt inevitably follow, when againſt known, ſettled, eſtabliſh'd Laws Men ſhall take upon them to reform by the Lump, without diſcerning what things are intermingled like Tares among Wheat, Lord ••• on. which have their Roots ſo wrapp'd and entangled together, that the one cannot be pull'd up without endangering the other, and ſuch as are mingled but as Chaff and Corn, which need but a Fan to ſift and ſever them.

And that his Majeſty was not averſe to a due Reformation appears in this, when he ſays, I have offer'd to put all differences in Church-affairs and Religion to the free Conſultation of a Synod or Convocation rightly choſen. So offered (ſaith our Anſwerer) all Popiſh Kings heretofore: And let it be produced what good hath been done by Synods from the firſt times of Reformation. And truly if he knows none, I offer none: Though methinks he ought not in Gratitude to have forgotten their own Aſſembly of Divines, Men of unknown Parts, and ſo Inſtrumental to the carrying on of the Cauſe, that if they had not kept blowing the Coals, the Fire would have quickly gone out of it ſelf. But what talk we of Gratitude to a Man of thoſe Times; the Fiſh was caught, and what more uſe of the Net?

And yet if the Houſes had with the King ſubmitted thoſe differences to a Synod rightly choſen, where had been the hurt? Flannel-Weavers I muſt confeſs are not the beſt at making Love; yet we have an old Proverb (fabrilia fabri) Every Man in his own Trade: And who more fit to judge of Church-matters than Churchmen? But this had been to uphold an Antichriſtian Hierarchy; and what need that, when ſcarce a Man of our Reformers but was a Church by himſelf?C • mb. Brit. Fol. 509. And why might not they bid as fair now as the Army of God and the Church in King John's time; the Holy League in France; the Sword of the Lord John Knox and Gideon in Scotland; John of Leyden, and Knipperdoling in Germany? Tantum Religio potuit!—That ſucceſsful Pretence of Mankind, Religion! Abſalom mask'd his Rebellion with a Vow at Hebron; and Herod his deſign of Murther with another of Worſhip.

CHAP. XXI. Ʋpon His Majeſty's Letters taken and divulg'd.

I Have heard of a malicious Stab, that contrary to the intent of the hand that gave it, open'd an Impoſtume: And ſuch was the barbarity of this Action, of which alſo it may be as truly ſaid, Ʋna eademque manus vulnus opemque tulit. The Fortune of that day in which His Majeſty loſt thoſe Letters, 〈◊〉 Naſeby. might (one would think) have been enough to the Houſes, at leaſt kept them from forfeiting the dignity of Men. Some Men are drawn away by Intereſt, others by Pleaſure, a third ſort by Profit, but every of theſe were leaſt in the Caſe: For what Intere • of theirs could it be to expoſe their King, whoſe Honour they had ſo often pretended to defend▪ Whereas having got their Point, in had been their Intereſt rather to have juſtified thoſe Pretences, and dealt with him like a charitable Phyſician, who when he cannot ſave his Patient's Life endeavours to make his Death eaſie. Th •• for Pleaſure, there was neither the Luſt of the Eye, nor the Pride of Life in it, but rather the contrary; for Mankind naturally pity the afflicted, and are ready to put thoſe Pieces together again which their Heat tore aſunder: And it may be generally obſerv'd, he that takes Pleaſure in the Evil befallen another has no good of his own. And laſtly for Profit, there alſo could be the leaſt Proſpect, unleſs it were by killing the Heir to divide the Inheritance.

And if there were none of theſe in it, what remains but that it was a Wickedneſs even for the ſake of Wickedneſs: That low ignoble going of the Serpent which creeps baſely on its Belly, and not upon Feet. And becauſe His Majeſty was moſt ſenſible of it, take his Thoughts upon it: The taking away of my Credit is but a neceſſary preparation to the taking away of my Life and my Kingdoms: I muſt ſeem neither fit to Live nor worthy to Reign; and by exquiſite Methods of Cunning and Cruelty, I muſt firſt be compelled to follow the Funerals of my Honour, and then be deſtroy'd. And yet they miſs'd that their end as to his Credit, when in thus expoſing the Father of their Country they only diſcover'd their own Shame, and evinc'd to the World what they were ſo loath ſhould be believ'd of him, That he could both mind and act his own and his Kingdoms Affairs as became a Prince, and that he was his own Counſellor.

In ſhort, his Majeſty in thoſe Letters loſt but ſo many Papers, wherein had there been any thing diſadvantageous to his Honour we had been ſure to have had it: And yet if there had, who was more Praiſe-worthy, Cham that diſcover'd his Father's Nakedneſs, Gen. 9.23. or Jehu that buried thoſe remnants of Jezabel, 2 Kings 9.34. for ſhe was a King's Daughter? Eſpecially when they did but bark at the Moon, and all their Malice (like Arrows ſhot againſt a Wall) either broke in pieces, or return'd on themſelves.

CHAP. XXII. Ʋpon his Majeſty's leaving Oxford, and going to the Scots.

THe King's coming in, whether to the Scots or Engliſh (ſaith our Anſwerer) deſerved no Thanks, for Neceſſity was his Counſellor. And what deſerv'd they that drove him to this Neceſſity; which, had not the Scots come in with their Brotherly Aſſiſtance, had never been? That the Scots firſt began his Troubles, and the Houſes improv'd upon it, has been ſufficiently ſhown: And yet ſo deſirous was the King of Peace, that after ſo many fruitleſs Meſſages, he again (in the Winter 1645.) ſent to the Houſes for a paſs for the Duke of Richmond and others, to bring them New Propoſitions, which was denied him a firſt and a ſecond time: Then he ſent to them that himſelf might come in Perſon, which was as often denied him, as being the only thing they now fear'd from him; and therefore, inſtead of granting it, they made an Ordinance, That the Commanders of the Militia of London, in Caſe the King ſhould attempt to come within the Line of Communication, ſhould raiſe what Forces they thought fit to ſuppreſs Tumults, to apprehend ſuch as came with him, and to ſecure (i. e. to Impriſon) his Perſon from Danger. And our Anſwerer confeſſes it to have been ſaid, That His purpoſe was to have come to London, till hearing how ſtrictly it was Proclaimed, that no Man ſhould conceal him, he diverted his Courſe.

And, what in this Caſe ſhould a diſtreſs'd Prince do? Come to London he could not, without endangering his Friends, ſome of which they had ſo often gibbetted: To have gone for Ireland, might have been what they deſign'd, and thereby juſtifie their Jealouſies of an Iriſh Popiſh Army. And to have made for France, he knew not what Conſtruction might have been forced from it. To whom therefore ſhould he rather apply, than to the Scots? They had begun his Troubles, and who knew, but (by this time) they might have ſeen their Errour?

What Prudence (ſaith our Anſwerer) there could be in it, no Man can imagine: Malice there might be, by raiſing new Jealouſies to divide Friends. And excellent Friends, no doubt but he thought them, by the Character he gives them; As hireling Army of Scots, paid for their Service here, not in Scotch Coin, but in Engliſh Silver; nay, who from the firſt beginning of theſe Troubles, what with Brotherly Aſſiſtance, and what with Monthly Pay, have defended their own Liberties and Conſciences at our Charge. And ſo concludes it hazardous and raſh. What the hazard of it might have been is too late to enquire now, but that it was not Raſh but Prudent, will readily appear, if we conſider,

The King was their Country-Man born; and there might be ſomewhat in that Natale ſolum, of which Ovid ſpeaks — Et immemores not ſinit eſſe — Or if that were nothing, V. Chap. 1. his Father had particularly oblig'd them to his hurt — Himſelf had forgiven them ſeveral Inſurrections — Themſelves had given him repeated aſſurances of their future Loyalty — Their own Statutes, Chap. 13 National Covenant, and Letter to his Majeſty, had oblig'd them to his Defence — And, greater than all theſe, their own Intereſt, when by this one generous (but Loyal) Act, they had recover'd themſelves to the World, and ſhown it was not the Nation, but a Faction that were his Enemies. And therefore conſidering what I have ſaid, give me leave alſo to conclude from it, That this Act of the King's, in truſting himſelf with the Scots, was not the Effect of Raſhneſs, but the Reſult of Prudence; eſpecially, if we credit the general Belief of that time, That the Scots had been pre-acquainted with his intention of coming to them, and that they had return'd him private Aſſurances of their Fidelity to him.

CHAP. XXIII. Ʋpon the Scots delivering the King to the Engliſh, and his Captivity at Holdenby.

OUR Anſwerer ſays little to this Chapter, but as little as it is, ſee with what Art he manages it! Nor are his Brethren leſs than beholding to him. That the Scots in England ſhould ſell their King, as the King here affirms, and for a Price ſo much above that, which the Covetouſneſs of Judas was contented with to ſell our Saviour, is ſo foul an Infamy and Diſhonour caſt upon them, as befits none to vindicate but themſelves: And it were but friendly Counſel to wiſh them beware the Son, who comes among them with a firm belief that they Sold his Father. In the former Chapter he gibes them with their Brotherly Aſſiſtance; and here, to whet them againſt the Son of that Father, he lays at their Door an Infamy ſo foul, that if they do not Vindicate it themſelves, no one elſe (he is ſure) can do it for them: And why all this, but to tell them in other Words (Scelere velandum eſt Scelus) they had gone too far, not to go farther, and therefore cannot be ſecure till they do as much by his Son.

Whatever it be (I think) this may be ſaid in the Matter, That as Truſt is the Sinew of Society, Truth is the Pledge of it: And therefore as they were his Majeſty's Countrymen, and Sworn Subjects, in Confidence of which he had intruſted his Perſon with them; as the keeping that Oath impeded no moral Good (a diſtinction yet which every Man will not allow;) as the Perſon to whom they ſwore, was not incapable of an Oath (which is much the ſame;) as he came not to incline them to any thing but that Duty which was incumbent upon them; and if he had no voluntary Rule in their Hearts, he wanted Power to gain a Coerſive — If they had not thought fit to defend him, they ſhould not have put him in a worſe Condition than they found him. He was their King, and wanted no Letters of Safe-Conduct; and therefore, as he came free, they ought to have ſet him as free out of his Enemies reach.2 Kings 16.22. Thou ſhalt not ſmite them, (ſaid Eliſha to the King of Iſrael, concerning the Syrians he had then in his Power) for thou neither tookeſt them with thy Sword nor thy Bow: But ſet Bread and Water before them, that they may eat and drink, and let them go. And the kindneſs prevailed with the King of Syria, though had the Caſe here been, that they had taken him, I know not how they could have deliver'd him up. And memorable to this Purpoſe is that of James the Fourth of Scotland, who when Perkin Warbeck had fled to him for Protection, from our Henry the Seventh, not only protected him, but rais'd an Army for him; him, with whoſe Head he might have made what Peace he would with King Henry his profeſt Enemy: And when at laſt a Peace was concluded between the Kings (upon the Marriage of King James with Margaret, Eldeſt Daughter of Henry the Seventh, by whoſe Iſſue came the Union of the Crowns) he not only refuſed to deliver up the ſaid Perkin, but gave him a ſafe Tranſport for himſelf and his Followers.

There remains yet to have ſpoken to that other part of the Title of this Chapter, His Captivity at Holdenby; but becauſe our Anſwerer takes no notice of it, neither (I think) ought I.

CHAP. XXIV. Ʋpon their denying his Majeſty the Attendance of his Chaplains, viz. Dr. Juxon, Biſhop of London; Dr. Duppa, Biſhop of Salisbury; Dr. Sheldon, Dr. Hammond, Dr. Holdſworth, Dr. Sanderſon, Dr. Turner, Dr. Heywood.

THERE ſeems ſomewhat in it more than of Chance, that his Majeſty thus Names the particular Perſons, Whoſe Service and Aſſiſtance he both needed and deſired in that Solitude they had confin'd him to, and where the Company they had obtruded on him, was more ſad than any Solitude could be; that more ſober Times enquiring into the Ground of it, might the better judge, whether this his deſire was more reaſonable, or their denying it him, more barbarous. A Mercy which not Religion only allows, but even the Rigor of the Law never denied the meaneſt and greateſt Malefactors. Yet ſee how ſhameleſly this Accuſer takes upon him to Anſwer it! A CHAPLAIN, a thing ſo diminutive and inconſiderable, that to take up ſuch room in the Diſcourſes of a Prince, if it be not wondred, is to be ſmiled at — The Scripture owns no ſuch Order: In State perhaps they may be liſted among the Ʋpper Serving-Men — The Sewers or Yeomen Ʋſhers of Devotion — The Implements of a Court Cup-board, &c. And what ail'd this King, that he could not chew his own Mattins, without the Prieſt's Oremus? Which, with the reſt of this his Chapter, has ſo outgone even ſcurrility it ſelf, that though I had once reſolv'd to have paſs'd it over, I could not yet but deſire my Reader to conſider the Perſons of whom this Character is given, and then tell me how well the Character of any one of them agrees with the Perſon. And therefore (let the World Cenſure me how they liſt) I purpoſely avoid the further medling with this his Chapter, as for the ſame Reaſon alſo, I ſhall ſay leſs to the next.

CHAP. XXV. Penitential Meditations and Vows in the King's Solitude at Holdenby.

HIS Majeſty in this Chapter may ſeem to have had holy David in his Eye, when he ſaid, Lord, remember David, and all his Troubles:Pſal. 132. How he ſware unto the Lord, and vowed a Vow unto the Almighty God of Jacob. And yet this Accuſer ſo maliciouſly detorts thoſe Meditations, that unleſs one run into the ſame Exceſs with him, it will be impoſſible to get up with him; which having for my part reſolv'd not to do, I leave him to run by himſelf, and only deſire my Reader to collate theſe Two Chapters of the King's, with thoſe of our Anſwerer, and then judge as he thinks fit; and whether I have done other, or leſs in this Matter, than what became me to have done.

CHAP. XXVI. Ʋpon the Army's Surprizal of the KING at Holdenby, and the enſuing Diſtractions in the Two Houſes, the Army, and the City.

THIS ſurprize of me (ſaith his Majeſty) tells the World, that a KING cannot be ſo low, but he is conſiderable, adding weight to that Party where he appears. — What the Presbyterians have hunted after, the Independants now ſeek to catch for themſelves—And as an Argument that they are manumitted from the Rivals Service, aſſume my Perſon into the Armies Cuſtody, without any Commiſſion, but that of their own Will and Power. To which our Anſwerer. To give an Account to Royaliſts what has been done with their Vanquiſh'd King's yielded up into our (i. e. the Peoples) Hands, is not to be expected from them whom God hath made Conquerors. And, for Brethren to debate, and rip up their falling out in the Ear of a Common Enemy, is neither wiſe nor comely. To the King therefore, were he living, or to his Party yet remaining, as to this, belongs no Anſwer. No! and why not? Becauſe thoſe that had a Mind to be ſatisfied in the Action, might deſire to know by what juſt Means the King came into their Hands? How Subjects, whom the Law of England never call'd Enemies, could be ſaid to have conquer'd him? How God came intituled to it, when it was ſo directly contrary to the Law of God? And how the Law of the Land, which was their common Cry to defend, could juſtifie that Rebellion and Parricide, which it every where condemns? And is it enough (think ye) to ſay no Anſwer belongs to it? He knew there was none to be given, and therefore, Magiſterially ſlighted it. He holds it alſo neither wiſe nor comely, that the falling out of Brethren be debated before a Common Enemy; and tacitly implies his Reaſon, leaſt the Uncircumciſed rejoice. But (I think) I can tell ye a better. When Presbytery rode the fore-Horſe, no one kept up with it more than himſelf; but, when he found it began to faulter, he was loth to loſe Company, and jogg'd on with the reſt.

The firſt leading Men that carried on the War were Preſbyterians, and their General upon the New-Model was as right as they could wiſh to have had him: And yet, he was in the Hands of the Army, and that Army in the Hands of his Lieutenant-General Cromwell: A grand miſtake of theirs, in thinking to Settle. Presbytery with an Army of Anabaptiſts, Independents, Fifth-Monarchy-Men, and what not: Bone of their Bone, and Fleſh of their Fleſh ('tis true) but as Mortal Enemies to them, as were the Jews to the Samaritans, and yet both of them had Abraham to their Father: And for Cromwell, though no one could ſay of what Religion he was (beſides that he ever match'd the Colour that was in Faſhion) he ſtill proteſted Obedience and Fidelity to the Parliament, and by that Means got his Ends of the King and them.

And whether our Anſwerer took it not right, judge, when he ſays, Some of the former Army, touch'd with Envy to be out-done by a New Model; and being prevalent in the Houſe of Commons, took advantage of Presbyterian and Independant Names, and the War being ended, thought ſlightly to have diſcarded them, without their due Pay, and the reward of their invincible Valour. But they (i. e. the Independants) who had the Sword yet in their hands, diſdaining to be made the firſt Objects of Ingratitude and Oppreſſion, after all that Expence of their Blood for Juſtice and the Common Liberty, ſeiz'd the King, their Priſoner; whom nothing but their match • eſs Deeds had brought ſo low, as to ſurrender his Perſon. By which we ſee the Bottom of this Good Old Cauſe, when the only quarrel was about dividing the Spoil. And truly, when they that once had it could not keep it, what had our Anſwerer to do to gape after them any longer: And brings into my Head that Story of the Friars, Crucifixus eſt etiam pro nobis. But to go on with the Matter.

The King is now in the Army's Hands, but our Anſwerer thinks not fit to ſay a Word to the Diſtractions in the Two Houſes, the Army, and the City, that enſued it, but has left it out of his Title: And why, but that it muſt not be ſpoken in Gath, when yet every Man here is not a Dweller of Askalon.

Cromwell found that the Parliament out-carded him, as having gotten the King their Priſoner,May 4, 1646. and put the Militia of London into the Hands of a Committee of Citizens, whereof the Lord Mayor for the time being to be One; and therefore, unleſs he could give them the Croſs-bite, and bring the Army to mutiny againſt their Maſters, he knew he muſt expect no better of them, than what Eſſex had found from them. To this purpoſe he and Ireton (his Son-in-Law) take advantage of a Vote of theirs (25. May 1647.) for Disbanding the whole Army, excepting Five Thouſand Horſe, and One Thouſand Dragoons, and ſome Firelocks, to be kept up for the Safety of the Kingdom, and ſome to be ſent for Ireland, and ſpread a Whiſper through the Army, that the Parliament, now they had the King, intended to Disband them, to cheat them of their Arrears, and ſend them into Ireland, to be deſtroy'd by the Iriſh.

And it ran like Wild-fire; for, the Army were ſo inrag'd at it, that they ſet up a new Council among themſelves of Two Private Soldiers out of every Troop and Foot Company, to conſult for the Good of the Army, and to aſſiſt at the Council of War, and adviſe for the Peace and Safety of the Kingdom: And theſe they called Agitators or Adjutators, it matters not which; for whatever Cromwell (who yet ſtood unſuſpected by the Houſes) had a mind to be done, there needed no more but putting it into theſe Agitators Heads. And the Effect of their firſt Conſultation was to take the King from Holmby (where, upon his being deliver'd up by the Scots, Feb. 16. 1646. the Parliament had lodged him with Colonel Graves) and bring him to the Army.

Amongſt theſe there was one Joyce, a ſtubbed, bold, ignorant, Enthuſiaſtick Journey-man Taylor, who from the Service of Denys Bond had gone out to the Aſſiſtance of the Lord againſt the Mighty, and much about this time made a Cornet of Horſe: And however the matter was contriv'd (for Commiſſion he had none) he went off by Night in the Head of a Thouſand Horſe, and having ſurpriz'd the Parliament-Guards at Holmby, early in the Morning, importunately demands admittance into the King's Bed-Chamber, as from the Army, and was hardly prevail'd upon, to ſtay ſo long as till the King could get up; but being come in, told his Majeſty he was ſent by the Lieutenant-General, to ſecure his Perſon from his Enemies, and bring him to the Army: On which, the King demanding to ſee his Commiſſion, Joyce opens a Window, and points to the Body of Horſe that ſtood drawn up on the Side of the Hill before the Houſe; An undeniable Argument, ſays his Majeſty, and ſo went with him; who brought him to the Head-quarters at New-Market. Cromwell ſeems no leſs ſurpriz'd at it than the King; however ſince he was among them, aſſur'd him, he ſhould have no Cauſe to repent it; and in a ſeeming paſſionate Manner promis'd him, to reſtore him to his Right againſt the Parliament.

On this the Parliament ſend to the General, to have the King redeliver'd to their Commiſſioners; and this the rather, for that the General by his Letters to them, had excus'd himſelf, and Cromwell, and the Body of the Army as ignorant of the Fact; and that the King came away willingly with thoſe Souldiers, that brought him. And yet, inſtead of giving them an Anſwer,Jun. 23. 1647. the Army ſend a Charge againſt Eleven of their Members, all active leading Men, and require them to appoint a Day to determine this Parliament, and in the mean time to ſuſpend the Eleven Members ſitting in the Houſe; to which laſt they only anſwer, and ſay, they could not do it by Law, till the Particulars of the Charge were produced; and were ſoon replied to with their own Proceedings againſt the Earl of Strafford, and the Archbiſhop of Canterbury.

The London Militia had been yet in the Cities Hands, till Cromwell taking the opportunity of a thin Houſe,Jul. 26. 1647. procures the Ordinance of the Fourth of May aforeſaid to be revok'd, and the Militia put into other Hands, more favourable to the Army. On which a Rabble of Apprentices and Disbanded Soldiers, headed by the Sheriffs, under the Name of a Petition, beſet the Houſes, and force them to reſettle it as it had been on the Citizens.

Hereupon the two Speakers, with forty of the Lower Houſe, five Earls, one Viſcount and three Lords, run off to the Army, and Vote with them in their Council of War in the Nature of a Parliament, and engage to live and die with the Army.

And a Mercy it was, ſays our Anſwerer, that they had a Noble and Victorious Army ſo near at hand to fly to!

The remains of the Houſes on the other hand chuſe new Speakers, and raiſe an Army in the City; and declare in Print, it was in Order to his Majeſty's being free, and in a capacity of treating: which yet they made uſe of but as a Stale to the Faction.

The Army-Soldiers alſo engage to Fair fax, that they will live and die with him; the Parliament (i. e. ſuch of the Houſes as had fled to them) and the Army, who ſet out a Declaration of the Grounds of their march towards London, and denying them to have been a Parliament, ſince the ſaid 26 of July, at what time they were under a force, call them the Gentlemen at Weſtminſter; and by a Letter to the Lord Mayor and Aldermen, reproach them with thoſe Tumults, and demand the City to be delivered into their Hands, to which purpoſe they were now coming to them.

To be ſhort, the Forces the City had raiſed were able, and willing enough to have fought the Army; but the Lord Mayor and Court of Aldermens Hearts failing them, they open their Gates, and let them march through the City.

And now the firſt thing was to replace the Speakers, and purge the Houſes, Aug. 6. 1647. which being accordingly done, and a holy Thankſgiving appointed, they declare all that had paſt in the Houſes from the ſaid 26 of July, to the 6 of Auguſt, to be null and void. And the Army (in their way) impeach ſome, impriſon others, demoliſh the Line of Communication, and take every thing into their own Hands. And yet to ſweeten the People on the other ſide, they treat the King (now at Hampton-Court) with more Liberty and Reſpect than had been ſhewn him by the Parliament's Commiſſioners; for they not only allow him his own Chaplains, and permit his Children and ſome Friends to ſee him, but pretend to eſtabliſh him in his juſt Rights; to call Committees and Sequeſtrators to an account, and free the People from Exciſe and Taxes; and now who but the Army and Cromwell! Tertius è coelo cecidit Cato! —

Such (as well as I could put them together) were the Diſtractions in the two Houſes, the Army and the City, that enſued the Army's ſurpriſal of the King at Holmby. And here they ended for this time; what became of them afterward I ſhall come to ſhow in the laſt Chapter.

CHAP. XXVII. To the Prince of Wales.

HIS Majeſty's Father, King James the Firſt, who might have truly ſaid, Many and evil have been the days of my Pilgrimage, thought it not enough to have paſs'd thoſe Windings himſelf without leaving his Son ſome Clue to direct him; and therefore wrote that his 〈 in non-Latin alphabet 〉 , or Inſtructions to his Son Henry the Prince: And by his Fatherly Authority charges him to keep it ever with him as carefully as Alexander did the Iliads of Homer. And the ſame ſeems this the King's Letter to the Prince of Wales. A Manual penn'd by the beſt of Men, and may be a Guide to the beſt of Princes. For as to himſelf, it is ſo ad fidem Hiſtoriae, and as to the Prince ſo ad exemplar juſti Imperii, that whoever he be that opens it without prejudice, cannot (to uſe his Majeſty's Words) meaſure his Cauſe by the Succeſs, nor his Judgment of things by his Misfortunes. And truly when I came to this Letter I was thinking to my ſelf what our Accuſer could ſay to it, till having peruſed his Anſwer I was thus far ſatisfied, that he deceiv'd not my Expectation; for inſtead of giving it any ſolid Anſwer he only catches at Words, Et minutiis, rerum pondera frangit: And had he gone no farther, how blamable ſoever he might have been, he had been leſs Ignominious: But when he rakes thoſe Kennels of his own making, and throws his dirt-balls to blacken what he cannot deſtroy, what is it but a ſpitting againſt the Sky, where the Spittle returns upon his own Face?

In ſhort, this Letter might have ſhewn him if he had pleas'd, how when ſome Mens Conſciences accuſe them for Sedition and Faction they ſtop its Mouth with the name and noiſe of Religion; and when Piety pleads for Peace and Patience, they cry out Zeal. When on the contrary all good Men know that this is a Religion not proceeding from the Spirit, but a Worm of their own breeding, how devoutly (i. e. Enthuſiaſtically) ſoever they vent it to the People; for neither is every Dream new Light, nor every Whim, Prophecy. And what the ſad Effects of this has been we cannot (ſure) have ſo ſoon forgotten: When God was brought in to the worſt of Actions; the King abus'd in the affections of his People; Religion wounded with a Feather of its own; and the State fired with a Coal from the Altar.

CHAP. XXVIII. Meditations upon Death after the Votes of Non-addreſſes, and His Majeſty's cloſer Impriſonment in Cariſbrook Caſtle.

WHAT our Accuſer ſays to this laſt Chapter, and whether his Majeſty had not a more particular ground for theſe Meditations, will beſt appear if we look back to the latter end of the twenty ſixth Chapter, where I left the People in an Hoſannah (or now ſave us!) to the Army and Cromwell. And now what might he not do before he was diſcover'd? Or if he were, the Army was in his Hands, the Parliament in his Pocket, the City at his Feet, and which of them was there durſt firſt ſay to him, What art thou doing?

There ſtood nothing now in his way but the King; he had no more need of him, and how ſhould he diſpoſe of him? To keep him in the Army was troubleſome; to let the Presbyterians get him had been a Bar to his deſign; and to have murthered him had nothing further'd it, for as yet he was but Lieutenant General: The beſt way therefore was to let him eſcape beyond Sea: To which purpoſe private Letters are ſlipp'd into his Hand, that the Agitators had a deſign upon his Life, which coming alſo to his Ear from report, and the Guards purpoſely diſpoſed for it, the King in a dark rainy Night makes his eſcape from Hampton-Court, but the Veſſel that ſhould have carried him over ſailing, he unfortunately fell into the Hands of Colonel Hammond, Governour of the Iſle of Wight, who ſecures him in Carisbrook-Caſtle, and ſends to the Parliament to know their Pleaſure concerning him.

From thence His Majeſty ſends to the Houſes his deſires for a Perſonal Treaty, Decemb 6. 1647. which they refuſe, unleſs he firſt paſs four Bills.

1. That the Parliament have the Militia and the Power of levying Money to maintain it for twenty Years. 2. That the King juſtifie the Proceedings of the Parliament in the late War, and that all Declarations, &c. againſt them be declared void. 3. That all Titles of Honour conferr'd by the King ſince the Great Seal was carried to Oxford in May 1642, be taken away. 4. That the Parliament might adjourn themſelves when, where, and for what time they pleas'd

But the King refuſing to grant them, the Parliament Vote there ſhould be no more Addreſſes made him: And upon Cromwell's laying his Hand upon his Sword and telling them the People expected their Safety from them, and not from a Man whoſe Heart God had hardned, the Vote of Non-Addreſſes was made into an Ordinance, and that it ſhould be High-Treaſon to receive any Meſſage from him.

And now Compaſſion for the King's Sufferings, with the diſcovery of their Hypocriſie, had begotten ſuch a general Indignation againſt the Parliament, that all Wales declare for the King: The Surrey Men Petition the Parliament for a Perſonal Treaty; the ſame was Kent coming up to have done, but ſeeing how evilly thoſe of Surrey had been Treated, they threw away their Petition and took Arms under the Earl of Norwich. The ſame did others at Maidſtone, Black-heath, Kingſtone, &c. Which though they were all defeated, yet the Houſes ſeeing how the Inclinations of the Kingdom went, and Cromwell being out of the way in ſecuring Edinburgh, they revoke their Ordinance of Non-Addreſſes, and ſend the King new Propoſitions, not much eaſier than the former, and upon his Anſwer to them, they ſent Commiſſioners to treat with him at Newport in the Iſle of Wight; Sept. 2. 16 •• . the Treaty to be tranſacted with Honour, Freedom, and Safety: in which the King made ſuch Conceſſions,Decemb. 5. 16 •• . that it was reſolv'd upon the queſtion by the Commons That the King's Anſwers to the Propoſitions of both Houſes are a ground for the Houſe to proceed upon for the ſettling the Peace of the Kingdom. But (it ſeems) they had been ſo long dodging about Trifles, that Cromwell was come to London before any thing was done: Nov. 20. 1648. For Fairfax and the General Officers had remonſtrated and (amongſt other things) requir'd, That the Capital and grand Author of our Troubles, the Perſon of the King, be brought to Juſtice for the Treaſon, Blood and Miſchief he is therein guilty of, &c. But the Presbyterian Party ſtanding ſtrong to the Reſolve aforeſaid, a Guard is ſet upon the Houſe, the major part of the Members are excluded, and the King made a cloſer Priſoner in Carisbrook-Caſtle; which brings me to theſe His Majeſty's Meditations upon Death: In which, (as from the precedent of ſeveral of his Predeceſſors, both of England and Scotland, well he might) he makes this Judgment, That there are but few ſteps between the Priſons and Graves of Princes.

And now we'll ſee what this Accuſer ſays, when having lopp'd off more than three quarters of the Title that he may bring the reſt to his own Model, he goes on, All other humane things are diſputed, and will be variouſly thought of to the World's end; but this buſineſs of Death is a plain Caſe, and admits no Controverſie: Nevertheleſs ſince out of thoſe few mortifying Hours he can ſpare time enough to inveigh bitterly againſt that Iuſtice which was done upon him, it will be needful to ſay ſomething in defence of thoſe Proceedings. And makes this his Juſtice the Juſtification of that horrid Parricide, from that univerſal Law, Whoſoever ſheddeth Man's Blood, by Man ſhall his Blood be ſhed. And that other of Moſes, Ye ſhall not take Satisfaction for the Life of a Murtherer. No exception in either of them.

And well may he call it Iuſtice, when he ſo often blaſphemes God in making him the Favourer of thoſe the before unheard-of Villainies of that Uſurpation and Tyranny; as here alſo ſo wretchedly detorts Scripture to give it a Colour. Whereas it was Injuſtice it ſelf in its very Foundation, as being directly contrary to the Law of God, the Law of the Land, and the Practice of the Jews, from whom he draws his Authority.

To the Law of God; whereby we are commanded, Firſt, Negatively; not to think ill of the King; Curſe not the King, Eccleſ. 10.20. no not in thy Thoughts: Much leſs then may we ſpeak it; Thou ſhalt not ſpeak Evil of the Ruler of thy People: Exod. 22.18. Leaſt of all may we do him hurt: Touch not mine Anointed. Secondly, Affirmatively; Pſal. 105.25. To Honour him, as by the fifth Commandment; and that with a Bleſſing annex'd to it, That thy Days may be long in the Land: To keep his Commandments,Eccleſ. 8.2, 4. and that in regard of the Oath of God: Neither may we give him any cauſe of Anger,Prov. 20.2. for he that provoketh him ſinneth againſt his own Soul. And if thus far be true, then I am ſure it was Injuſtice to murther him.

To the Law of the Land: Where (beſides what I have before ſaid to the Soveraignty of the Crown of England) to imagine the King's Death. Chap. 6 —To levy War againſt him in his Realm,25 Ed. 3. c. 2. or adhere to ſuch as do, ſo that it proveably appear by ſome Overt Act, is High-Treaſon. 3 Inſt. 12. —The like is the Preparation by ſome Overt Act to take the King by force and ſtrong hand, and impriſon him until he hath yielded to certain Demands. And what muſt it then be to ſit in Judgment upon him, • Ed. 3.19. who having neither Equal nor Superiour in his Realm, cannot be Judged? And greater than this, what muſt it be to murther him?

And laſtly, contrary to the Practice of the Jews, from whom he draws his Authority. The Iſraelites had a hard Bondage under the Egyptians; 〈◊〉 12 37. and yet that Moſes whom he quotes, and Six Hundred Thouſand Footmen with him, beſides Children and a mix'd Multitude, fled from Pharaoh, 1 Sam 22.2. but did not rebel againſt him. David in the head of an Army (and thoſe, if we conſider the Perſons, deſperate enough) fled from Saul. And Eliah from Jezabel, Seven Thouſand Men yet left in Iſrael who had not bow'd their Knees to Baal. 1 Kings 19.18. So that if Scripture, Law, or Practice have any Authority (I think) I need not labour the matter to prove it execrable, as well as unjuſt.

Beſides, with what common Modeſty could he tax the King with Blood, when the Houſes had form'd an Army ſo long before him, as I have ſhewn before? And therefore who ſhall be, or was ever ſaid to be guilty of the Blood ſpilt in a War, the Aggreſſor, or the Defendant, when the Law chiefly regards the Original act? Nor will Succeſs more be able to alter the Nature of it than (as ſays His Majeſty) The proſperous Winds which often • ill the Sails of Pyrates, do juſtifie their Pyracy and Rapine.

And were that true (ſaith he) which is moſt falſe, That all Kings are the Lord's Anointed, it were yet abſurd to think that the Anointment of God ſhould be, as it were, a Charm againſt Law. I know not what he means by that, all Kings. Saul, was, David was, and particularly laments the fall of Saul, As if he had not been anointed with Oil. 2 Sam. 1.11. And I never found any reaſon to doubt but that all Chriſtian Hereditary Kings are the ſame too, and conſequently exempt from the Law, foraſmuch as concerneth the coactive force of the Law, though not foraſmuch as concerneth the directive Power of the Law. Lord • le • me • 's poſt •• ti. 106. Subjects are bound to fullfil the Law by neceſſity of Compulſion, but the Prince only by his own Will in regard of the common good. For ſeeing the Law is but a kind of Organ, or Inſtrument of the Power that governeth,Hiſt. of the World. 29 • . it ſeems (ſaith Sir Walter Rawleigh) that it cannot extend it ſelf to bind any one whom no humane power can controul or lay hold of. And therefore till I find better Authority for this his Iuſtice than he has yet given, I ſhall look upon it as I do on the reſt of his Book, a thing meerly ſtuffed out to deceive the People.

If Subjects alſo by the Law of the Church ſo much approv'd by this King, be inveſted with a Power of Judicature, both without and againſt their King, it will be firm and valid againſt him, though pretending, and by them acknowledg'd next and immediately under Chriſt Supream Head and Governour. But what King or Queen of England, beſides Henry the Eighth, Edward the Sixth, and Queen Mary (for her two firſt Years) ever us'd that word Head? Or in what Age was it, that the Church of England ever pretended a power of Judicature, both without and againſt their Kings? He ſays if they are inveſted with ſuch a Power, but ſhews not that they are; and inſtead thereof tells us that St. Ambroſe excommunicated Theodoſius the Emperour, which he calls a Spiritual putting to death. The like did St. German by Vortiger. And two other Kings of Wales excommunicated by their reſpective Biſhops, Subjects of thoſe Kings. And admitting it, I never heard that any of thoſe Biſhops ever perſwaded the People that it was lawful to Murther thoſe Kings; or how does it make out this his Iuſtice againſt the King? 'Tis a ſhrewd ſign a Man is ſinking when he takes hold of Twigs.

Then he comes up with the particular Laws and Acts of Greece, Athens, Sparta, Rome, &c. But what's that to England? muſt we be govern'd as they were? Their Laws were for it, the Laws of England directly againſt it. Nor is there any Country whatever but has its particular Laws or Cuſtoms. If a Man ſteal an Oxe or a Horſe in the Iſle of Man it is no Felony;4 Inſt. 285. for (having no Woods) the Offender cannot hide them; but if he ſteal a Capon or a Pig he ſhall be hang'd for it.

But what need we (ſaith he) ſearch after the Laws of other Lands for what is ſo fully and ſo plainly ſet down lawful in our own? Where antient Books tell us, Bracton, Fleta, and others, that the King is under the Law, and inferiour to his Parliament. As for Bracton, the Words that he means may be (perhaps) theſe: Rex habet Superiorem, Deum, ſcilicet. Item Legem per quam factus eſt Rex. Item curiam ſuam, viz. Comites, Barones. The King hath a Superiour, to wit, God. (But doth not ſay Superiours in the Plural Number.) Alſo a Law by which he is made King. (i. e. He hath a Law, but ſays not a word of Puniſhment.) Alſo his Court, to wit, his Earls and Barons. (Not a Court as if it were of ſome others Conſtitution, but a Court of his own.) Where the word (habet) in Propriety of Latin is neceſſarily underſtood. 1 Inſt. 1. Or otherwiſe he would be contradictory to himſelf when he ſaith (Omnis ſub Rege, Bra. l. 4. c. 24. S. 5. &c.) Every Man is under the King, and he is under none but God: He is not inferiour to his Subjects, and hath no Peer in his Realm. But ſaith no where that he is under the Law, and inferiour to his Parliament, which word his ſufficiently denotes where the Superiority lies.

And for Fleta, he ſaith,Lib. 1. c. 17. f. 16. None can judge in Temporal Matters but only the King and his Subſtitutes.Id. F. 66. —And he hath his Court in his Council, in his Parliaments, &c. And for the Mirrour of Juſtice (a Book written in Edward the Firſt's time) that ſays, Mir • 232. Juriſdiction is the chief Dignity that appertains to the King. And for what concerns the King's Oath, it has been ſeveral times altered ſince that. And what this King's Oath was I have particularly ſhewn before. Chap. 6

Thoſe objected Oaths of Allegiance and Supremacy we ſwore not to his Perſon, but as it was inveſted with his Authority. The ſame ſaid the Spencers in Edward the Second's time, but it was condemned for Treaſon by two Acts of Parliament.7 Coke 11, 12. And Sir Edw. Coke calls it, a damnable, deteſtable, and execrable Treaſon. For Corps natural le Roy & politi que ſont un Corps, Plowd. 213.234.242. and are inſeparable and indiviſible, for both make but one King. 4 Inſt. 46. The death of the King diſſolve • a Parliament: Now if this referr'd only to his politick Capacity, the Parliament would continue after his Death, becauſe a Body Politick never dies.

And now as the Covenant once help'd the Houſes at a dead lift, it muſt do our Accuſer the like Job at parting, or this his Iuſtice will be little beholding to it. Certainly no diſcreet Perſon can imagine it ſhould bind us to him in any ſtricter Senſe than thoſe Oaths formerly. And truly I muſt approve him when he deals ingenuouſly; no certainly it did not, for they broke all three. The intent of the Covenant as it was to extirpate Prelacy, to preſerve the Rights of Parliament and the Liberties of the Kingdom, ſo they intended, ſo far as it might conſiſt with theſe, to preſerve the King's Perſon and Authority, but not otherwiſe; for that had been to ſwear us into Labirynths and Repugnancies. We vow'd farther to bring Delinquents to open Tryal and condign Puniſhment: So that to have done ſo by the King hath not broke the Covenant, but it would have broke the Covenant to have ſav'd him, the chief Actor as they thought him at the time of taking that Covenant. Ye have heard what he ſays, and I leave it to every Man to apply it as he pleaſes. But becauſe this matter has already taken up a whole Chapter between us, I referr my Reader to what I have there ſaid. Chap. 14

And now to cloſe all, and if there be any Man has a Mind to learn how to break Oaths by Providence, and forſwear himſelf to the Glory of God: To ſay Grace to the action be it never ſo ungodly, and give Thanks for the Succeſs be it never ſo wicked: To carry on a Deſign under the name of Publick Good, and make the ſlavery of a Nation the liberty of the People: Or (in a word) to hold forth any uſeful, though notorious Untruth with convenient Obſtinacy, until he believes it himſelf, and ſo renders it no Sin, let him read this Book of Mr. Milton's, and if he does not improve upon it, he may thank God for it.

FINIS.