THE Kings last Declaration of Iuly the thir­tieth was published as an Act of great grace to the Subiect: and being issued im­mediately after his Maiesties good successe, obtained against the Lord Fairfax, Sir Wil­liam Waller, and Colonell Fines, it emble­matized the King (as some Courtiers fansied) with a victo­rious Palme in one hand, and a peacefull Olive in the other. Neverthelesse, it appeares by the close of that Declaration, that the intent of it was, to bring in Men, Money, Plate, Horses and Armes, as well as to proclaime pardon, for it [Page 2] proclaimed pardon to no other persons, than such as should forthwith apply themselves to the King, nor on no other Conditions than upon the bringing in of such like Ayds, and supplies. The favour was not to bee extended to all, nor was it cloathed in the habit of a Composition, or peaceable Accommodation, it onely set to sale a pardon, and the price of that pardon was besides treacherous combina­tion with the Papists against the Parliament, such Money, such Plate, such Horses, &c. 'Tis true the rate of the pur­chase was left indefinite; but it is well enough knowne that all such as have submitted to the King, and confessed a guilt of Treason in themselves, and undertaken to redeem the same by new services have found their penances rigorous, and their Ghostly Fathers very hard to be satisfied. The ef­fect therefore which that Declaration had, was no other, as wee can perceive, but to put more courage into the lovers of Parliaments, and to quicken all good men the more in the raising of new Forces, and imbarking in harder Adventures: And Gods Name be praised, who did not onely then give us such pious and manly resolutions, but hath also speeded & mercifully prospered our undertakings. The face of things is now changed: The Earle of Essex hath since that removed the Kings terrible Army from before Gloucester, and after a bloudy day fought by Newbury, is returned home victori­ous. Sir William Waller, and the Earle of Manchester are great in new hopes, and preparations, and the Marquesse of Newcastle is as fearefull to receive annoyance from the Scots, as hopefull to doe any to the Lord Fairefax: wherefore it seemes to me, that if a faire way of Accommodation were now tendred by the Parliament, it would bee held as honou­rable, as seasonable: and it seems not impossible to propose such termes of Pacification as may well stand with the ho­nour of God, the safety of Religion, the advantage of the King, the justice of the Parliament, and the wishes of the people.

[Page 3]The King hath divers times (though not with any pub­like Ceremony or Solemnity) applyed himselfe to satisfie his Subjects by protesting innocence, and appealing to the judgement of Almighty God; but there hath been such generality in his expressions, and defect in his formes hi­therto, that his Subjects remaine yet unsatisfied.

That which I shall therefore now undertake, with my utmost discretion and abilitie, is to demonstrate wherein the Kings Oathes have beene hitherto short, and of little securance, and how they may yet bee complea­ted, and made satisfying: I will in the first place set forth the forme of the Oath, both as it is conceived in his Ma­jesties owne Words, and as it is altered with my addi­tions and suplements; and then I will next addresse my selfe by way of Reason, to give some Account why it may bee admitted and entertained by either side.

In the Kings last Declaration of Iuly aforesaid, I find the forme of the Kings Vowes, and Protestations to run in these very words.

(To adde to the perfection of this Oath, and to make it satisfying, I shall supply as followeth.)

These two conditionall Clauses I humbly present, as necessary either to explaine what the King had sworne be­fore, or to discover what the King intended before: for if this Oath (as it is now framed) bee accepted, it will let us know how farre we were secured formerly: and if it be rejected, it will be an advertisement to us, what little se­curity we are to expect hereafter.

The solemne and sanctimonious manner of taking this Oath, will next much conduce to the satisfying of the peo­ple; for paper Oathes, as they are mingled with other mat­ters in Declarations are not so authenticall with the Phle­beians, and we should seeme lesse Religious than our Ance­stors were, in times of more blindnesse, if wee should not observe a great deale of holy state in a businesse of this transcendant, and more than secular nature. The last cautionarie advertisement that I shall humbly tender with­all, is, that an Oath may be also administred to the Queen, and to all suspected Papists, Aliens, &c. to the restrain­ing of them from all intermedling in matters of our Church, or State, and from attempting any thing mediately, or immediately, directly, or indirectly against the peace of this Kingdome.

By this meanes, with some more perfect alterations▪ [Page 7] or provisions, under favour I conceive our greatest feares might be qualified, and our most desperate maladies asswa­ged, if not cured: But I know some Objections will be alledged on the Kings Part, why hee ought not to make this Oath, and on the Parliaments why they ought not to take it? Let mee have a little Favour to say something herein.

Oathes have beene ever honourable, and Sacramentall Obligations, such as GOD himselfe hath not▪ disdained to use▪ for the taking away of doubt and distrust in man, and such as hee hath prescribed to men for the compo­sing of differences sometimes, aswell betwixt publike as private persons. But in this Contestation betwixt the KING and PARLIAMENT, though both sides have sundrie times had recourse to Oathes and Invocations of GODS Name, and more especially the KING, yet that Pacification and amicable Accommodation, which might have beene hoped therefrom, hath not been con­cluded and consummated. And I conceive there are two Reasons why the KINGS Protestations have not been so effectuall, and available, as was intended they should.

First, because there is great uncertainty, and dispute in that which the KINGS Oathes principally take for their subject or matter.

Secondly, because the KING seemes totally mista­ken in the end of his Oathes, or rather in those Feares and Iealousies of Ours, which his Oathes endeavour to remove.

First, the KING by his Imprications would assure us that hee intends no ill to Religion, Law, or Liberty, as they are established in ENGLAND; but our maine strife and controversie here is how Religion, Law, and Li­bertie [Page 8] are established in such and such poynts, and who shall judge of that establishment: wherefore to decide that Controversie and attone this strife, no generall Oath of the KING can bee held sufficient. In pri­vate suits betwixt Subject and Subject, the Law per­mits nor the KING to judge, much lesse does it stand to the KINGS judgement, when the sute is betwixt a Subject and the KING himselfe; and least of all does it rest upon the KINGS determination, when the KING is a Partie of one side, and the whole King­dome on the other. Neverthelesse, in this our present grand debate, the KING sweares in generall to doe ju­stice, and yet what that Justice is, which is to bee done, hee himselfe is ignorant; nay the greatest of our profest Lawyers adventure not to determine, (they have great Divisions, and Contesttions amongst themselves about it) although all unanimously affirme, that the KING quatenus a partie, and quatenus a Lay-man, is of all men most incompetent for the determination there­of. When the Kingdome groaned heretofore under the oppression of the Shipscot, and divers other Taxes ut­terly inconsistent with the Subjects Libertie, the KING intended no violation of the Subjects Libertie. He had sworne, or might have sworne then in generall termes the same thing, with the same safetie as he sweares now. So if the like dispute arise hereafter, of the like dif­ficultie, about some other branch of Prerogative (for Prerogative is not made now more knowne, but more unknowne of late) there is no hindrance but the King may treat us as he did then indeeds, yet protest as hee does now in words.

The like may bee said of Religion, the KING intends no alteration of Religion, and expects that wee should acquiesce in that profession of his, and yet wee [Page 9] feare he judges of alteration therein by his Bishops, who ayme at nothing more than Innovations, wherefore this can be no ground of confidence in us, because▪ the KING in his owne understanding, may both make and keep such an Oath, yet Poperie shall still prevaile, and Pro­testanisme decline, as it hath done hitherto. 'Tis far then from being a security, 'tis rather a danger to a state to depend on a Princes generall Oaths, when these Oathes depend upon his meere understanding, forasmuch as Law does not direct us to the Kings breast, as our sole and supreame Tribunall, but rather dehorts us from the same, as most of all to be distrusted: This is a Dilemma not to be excepted against: either the KING relyes upon his owne Knowledge and Judgement, concerning altera­tions in Law, &c. when hee abjures them; or not: if hee does undertake to know, and judge of all alterati­ons, and of all differences raised thereupon in Church, and State, betwixt himselfe and his Subjects, then is our Government meerely Arbitrarie; more Arbitrarie than the French; then are his Edicts and Acts of State our best arrests, and Acts of Parliement; then does our Law, and Religion, import no more to us, than his meere pleasure. Let it but bee maintained, that wee must expect satisfaction, and decision from the KINGS breast, where Poperie and Protestanisme, where Prerogative and Libertie confine, and border one upon the other; and let the maine Secrets and Quaeries of Law bee subjected to the KINGS Cognizance, and and for my part, I shall ever conceive, that enacted Law, and publike Right, are nothing else but Royall pleasure, and one single mans fansie, or humour; but on the other side, if the KING doe presuppose him­selfe an incompetent Judge, and as lyable to grosse mis­akes, and dangerous deviations in Law, and Religion, [Page 10] as hee hath beene formerly, when wee were almost at an utter losse in both; if hee will acknowledge that there may bee as intricate controversies, and as undeter­minable debates betwixt him and his Subjects hereafter, as have beene formerly, and as now are at this instant, then all that wee can hope for from his Oathes, is but this, that wee shall bee as much distracted hereafter, and as remedilessely torne and divided with dissentions, as wee were formerly, or are now: all our assurance is, wee shall bee permitted to remaine and continue in the condition as we were, and as wee (which makes his Oaths of no effect) now are.

Secondly, the next Reason why the KING renoun­cing by Oath all alterations in Law and Religion, does not put us out of all our feares, is, because hee al­wayes sweares for himselfe, not his Favourites and Coun­cellors; and yet our feares have more respect to his Favourites than▪ to himselfe. And so notwithstanding the security which his Oathes gives against any ill in­tentions, or Machichinations from himselfe, wee still remaine exposed to ruine, by the ill intentions, and machinations of such as have a great sway in his Coun­saile, and affections, he himselfe perhaps being neither privie nor confenting thereunto.

The KING favours not the Irish Rebellion, yet such as were the Favourers, nay the Plotters, and Act­ors in it find favour, and receive power from the King: and what difference is it to us, whether wee perish by the KINGS hand immediately, or by his Favourites mediately; by the Kings owne accord directly, or by his onely permission indirectly? Ireland hath seene more than two hundred thousand Families of Brittish Prote­stants dispeopled and massacred by treacherous Papists, [Page 11] (notwithstanning that all this Deluge of Bloud might have beene prevented by the KINGS timely fore­sight and care) and ENGLAND is now falling into the same desolation by the same faction, and yet the KING is so farre from withdrawing favour or power from Papists and their accomplices, that hee puts more Armes into their hands here, and holds further corre­spondence with them abroad: how can wee then but seeme as stocks, or more stupid than beasts, if we now expect no assurance but an Oath, and include none in that Oath but the KING?

Eli was a good man, but an ill Majestrate, hee knew better how to moderate his owne affections, than to bridle the insolencies of such as were subordinate to him; insomuch, that that good which hee did by himselfe was farre out-poized by that evill which hee permitted in others, and his lenity to his Children became crueltie to the people.

Some men are much mistaken, if there bee not some­thing of Eli in our KINGS disposition, for though hee bee esteemed inflexible by such as hee hath once jud­ged adverse to his ends, yet hee is much too ductile by those who have once gotten prepossession in his good thoughts. Wherefore if his Majestie seriously desires to put us into a Condition of securitie, (which is the onely remedy of our present distempers) hee must ra­ther provide for our indemnitie by protesting against connivence at evill in his Substitutes, than doing evill in his own person. For he himselfe may be as guiltlesse privately as Eli was, and yet in publke wee his Sub­jects may live as miserably under his Popish Councel­lors, as the Children of Israel did under Hophni and Phineas.

The Law sayes the KING can doe no wrong, and [Page 4] out of its Civilitie it imputes all miscatriages in Go­vernment to inferiour agents: but policy teaches us, that though a Prince in Law bee not questionable for it, yet in nature hee is strangely blameable, and deeply chargeable, when bee makes an ill choyce of inferiour A­gents.

In Law, it was the blame of Rehoboam's young Coun­cellors, that so unpolitick, and unworthy a disgust was given to the great and honourable State of Israel: and it was great pitty that they did not suffer for it: But it was Rehoboams blame in policie, that hee would chuse young Conncellors, and hee himselfe was the greatest loser by it. The wisedome of SOLOMON would direct him to make use of that Wisedome which is sel­dome to bee found but in hoarie heads, but the more foolish Rehoboam is, the more solicitous hee will bee to finde out vaine Consorts, fit onely to comply with his owne folly. Had there been any particular good which Rehoboam might have attained too by the preju­dice of his Subjects: the old Councellors in probabi­litie would have advised him to it▪ for they seemed to take more care of the KING than of the people, (as they had done in their old Masters dayes, to the danger of the nex Successor) But such is the temeri­tie of these green headed Statists, that they neyther ayme at the good of the people, nor of the KING: They seemed to imagine, that it was a sufficient recom­mendation of a thing to a Prince, to represent it as dis­advantagious to the People, and in this they▪ failed not to please their rash Lord, who was so farre from gi­ving satisfaction to the People, as that hee thought it profitable to him to purchase their displeasure, though with the imminent hazard of his owne Crowne; where­fore it does not seeme so probable, that Rehoboham [Page 5] did take preposterous courses, because hee hapned upon preposterous Counsellors, as that hee did chuse preposterous Councellors, because he did af­fectedly addict himselfe to preposterous Courses. And when the main fault was in his will, rather then his understanding, 'twas easie for him to erre in the most fundamentall point of all politicks, and to place his own peculiar good, rather in the publike disprofit, then in the benefit of his Subjects. Machiavell had never past for a wise man, had not all his subtill grounds tended to the pursuing of that advantage of KINGS, which consists in the peoples disadvantage; and yet no­thing can be more contrary to wisdome, or more re­pugnant to the Principles of solid Policie, then this very doctrine; and without doubt, no wise man will seek to excuse him of sottish folly, but by accusing him of pernitious flattery; for if he did not wilfully betray PRINCES, as perhaps Rehoboams Councellors did, surely he did but publish to the world, the sickly concep­tions of his own narrow heart. The vast businesse of Go­vernment, especially where the Nation is great, or where many Nations are united, is not to be trans-acted by any one man: where one man commands in chiefe, the most sublime office of Government is attributed to him, but the greatest burthen, and most important charge must rest upon the shoulders of thousands, as well in Mon­archies▪ as in Democrasies, or else great obstructions will follow.

When the Jews were but few in number, and mean of condition in the Wildernesse, Moses found the rule of them insupportable without many assistants, he was driven to follow Iethroes Counsell, as well to preserve himselfe from being crush'd under too great a weight, [Page 14] as to open the course of Iustice to the Israelites.

That part of Government, which is most extensive, and laborious, which requires not onely most activity, but most skill in many severall Arts, and Sciences must be undergone, and managed by multitudes of Agents, and in Monarchies, these Agents are more subject to one mans will, in Democracies lesse; but that part of Government which is Supream, and may be concentred in one man, is more facile and narrow, and many times 'tis best dis­charged, when that one man leaves most to his Sub­stitutes, and assumes least to himself. Henry the third ruled better in his minority, when the highest Acts of his royall superintending power were exercised by his servants, then in his▪ maturity, when hee would arbitrarily straine his superintending power, to the over-ruling of his good Councellors, and preferring of bad. The greatest honour of PRINCES▪ is to be wise, and the greatest Wisedome of PRINCES is, to chuse fit instruments, and this choice cannot be with­out publike advice, yet weake PRINCES relish no Honour in any thing, but in enjoying their own wills, and their wills they conceive then to be most gloriously fulfilled, when they please themselves by displeasing their Subjects, when in their elections of Counsellors and Fa­vourites, the State has no share at all, but is rather crossed, and opposed. Was Gaveston so deere to Ed­ward the Second, because he was a good Patriot? No, if he had been such, it had been a vulgar thing in Ed­ward to uphold him, the power of a great PRINCE is more eminent in chusing instruments for his own wicked pleasure, and then to uphold them, when whole Na­tions seeke to teare them from their Masters bo­soms.

[Page 15]t'is not so Kingly to be regulated by wisdome of Parliaments, as to doe acts of meere will; nor to con­curre with the publicke suffrages of a State, in the promoting of good men, as to reject the prayers, & teares and cryes of Communities in the defend­ing of incendiaries, nor to aime at the safetie, and prosperity of the people, as to compasse private de­signes utterly opposite thereunto. That Royalty which proposes to it self the flourishing condition of the Subject as it's best establishment: has more regard to the deputation of worthy Officers in State, then to any other perticular interest: but since flatterers have found out an other Royalty which proposes to it self common servility for the truest basis of it's grand our; He which can invent any thing for the Subject below woodden shooes, and canvas breeches is a rare Polititian, to be va­lued equally with a Princes life, honour and pros­perity. Why was the price of Strafford of greater esteeme then the peace of three Kingdoms? be­cause he was a Minister better affected to this new Royalty then the severall States of the three seve­rall Nations: because he was devoted not only to serve the King more then the Kingdome, but even against the Kingdome: because if he could not add to the Kings publicke puissance by adding to the [Page 16] States wealth and honour, yet he could adde to the Kings private splendor, by depressing the States wealth, and honour. If the King did professe that he ought to look upon the Community as having ends contrary to his true Soveraignty, and the hap­pinesse thereof, as inconsistent with his Legall Pre­rogative, then it were just and reasonable that he did imbrace no Ministers, but such as were odi­ous to the people, nor pursue no ends but such as were distructive to common Liberty. But since his professions and oathes look an other way, t'is most wonderfull that in delegating of Officers Military Iudiciall, &c. He should so far abhor Parliamen­tary advice, and approbation, and prefer all the miseries of this bloudy warre before it: fot it were better for us that Parliamentary advice, and ap­probation were rejected in all other things, then in the placeing of publicke Ministers, upon whose rule the welfare of the State more depends then upon any other Act of Royalty it self▪ if we are not utterly mistaken in point of Law, the great Officers of the Chancery, Admiralty, Treasury and others, that are more properly the Kingdomes, then the Kings Ministers, are to be chosen in Parliament: and if the Law in speciall terms were not such, yet by generall intendment of law all arduous affaires of [Page 17] generall and great importance are to be transacted by the Common Counsell of the Land. Now wee well know, that the chusing of publick Officers un­der good Kings, which will not chuse a misse, is not of so generall, and great importance, as it is under perverted Princes, who will chuse none but such as shall imploy all their abilities and endowments a­gainst the State, and to the disservice of the people; Lawyers and Devines seldome distinguish rightly betwixt that power of the King which is invested in him by absolute donation, and that which is meerely fiduciary. Neither doe they distinguish betwixt that power which is originally intrusted to the King, by the fundamentall constitution of this Kingdome, and that which is occasionally by intermission or non-user left to the King at such or such times upon speciall confidence of his good­nesse. But policy must needs teach us, that no State can be long safe where all Kings are equally trusted, and enabled, where the same King shall injoy that for ever as apperteyning to his undoubt­ed Prerogative, which at any one time he has gayned, or wrested from the people by his owne fraud, or force; or perhaps by the peoples negli­gence, or indulgence to his wise predecessors. Without all question, many smaller matters are [Page 18] intrusted to the Kings meere discretion, but yet quateus smaller matters onely. Whereas if the same things become greater matters, as they may, then the peoples right is not to be prejudged, be­cause the Law of publicke safety is above all Lawes of Prerogative, or any other laws whatsoever. For example, if J. S. be to cutt of the intayle of his Land in Parliament; the King by his negative voice may oppose him at his pleasure: but if judgement be to be given against such a notorious traitour t'is otherwise; and yet even such a iudgment too is not alwayes alike: for in times of great distresse it can­not be retarded, interrupted, or denied; because of the extreāc hazard to the State, & in such case the King has lesse colour to pretend to a negative voice then at other times of more security: for as that which is of greater concernment, is not so much within the Kings pow­er as that which is of lesser, so that which is of lesser concernment at one time in one respect, is of grea­ter at an other time in an other respect. And if Lawyers find not these distinctions in their reports, and yeare books, or if Devines find them not in the old Fathers, or in their Cannons of the Church, they must not forbid other men that studie the in­trinsecall Rules of State, to make use of more ge­nerall [Page 19] knowledge, then that which their bookes afford. The Bishop of Armach has declared him­self in point of iudgement against the Parliament; I shall onely demand of him whether he thinks himselfe wiser then the Lawes of England, or whether he thinks himselfe wiser in the Lawes of England then the maior part of both Houses in Par­liament. One of these he must affirme. Master Hol­borne his iudgement does not concurre with the Parliaments in such a point of Law. I should de­mand of him, whether Law must needs observe one rule in all cases of publicke and of private mo­ments or whether we are restrained from all equi­table distinctions, and interpretations except such as we find in Fitz Herbert, Cooke and Plowden? or whether his or the Parliaments resolution herein be more authenticall? surely t'were in vaine to trouble all our Counties, Cities, and Burroughs with such Ludibrious elections, if some one Bishop or one Barrister could declare Law better then those which enacted it, or enact Law better then those for whom all Law was ordayned. The Kingdome it self taken in it's diffusive body can­not convene in any one place, nor fix upon any [Page 20] one certane resolution, otherwise in all extraordi­nary cases, and iudgements, the finall decision ought to proceed from thence, therefore it must be formed into such an Artificiall body as is fitt to convene, and to deliberate. And being so formed, it has in it all the persection, and excellence of the defusive body. Tis true, the King may be held a representative of the people in ordinary cases, for avoiding of a more troublesome convention, but in extraordinary cases when such a convention is necessary, the Parliament is the onely true repre­sentative, and congregated to the King for more perfection sake, or else it were vainly congregated. And because the people cannot be congregated at all, much lesse in any more perfect forme then in a Parliament, therefore the peoples utmost per­fection is truly residing in the Parliament. Let not then any private man, Let not the King himselfe undertake to define how far Regall power shall extend in iudiciall or Military affaires (as such a perticular position of things may happen, and ac­cording to all emergences) better then the repre­sentative body of the Kingdome, which in no re­spect ought to be held any other thing then the [Page 21] whole Kingdome it self: much lesse let it be held a­gainst Law, or disparagable to the King, to hearken to his Parliament, in the choice of State Officers, when so great a flux of Protestant English bloud is to be stanched thereby. If the King would exempt us from fear, and therefore swears that he may ex­empt us, and yet will neither suffer us to chuse Confidents for him, nor swear for such as he him­self shall chuse, when our fears are chiefly groun­ded upon them, either his intentions will seeme fraudulent, or his oathes nugatory; besides our fears now cause us to look upon our Enemies not meerely as men that have a power in the Kings▪ af­fections, but as men that are likely to have a pow­er over the Kings Armes, and when the King per­haps may want protection for himself (if some timely prevention be not used,) how will he be able to protect us? T'is possible for an Army com­posed of Papists, strangers and those of the mer­cenary trade of war, not onely to awe us, but such also as first raysed them against us. Absolute Em­pire ends not (as is expected) in the freedome, but in the servitude of him, which sores to the highest pich of it. If the Pretorian Legions set Caesars foot [Page 22] upon the Senates neck, they will so far set their owne feet upon Caesars neck, as to sell the Empire when they please, and to whom they please; A hun­dred Nations remaine in bondage to one Grand signior by meanes of the Janizaries, and yet those Janizaries retaine to themselves a Supream con­troll over the Grand signior himself. The French King inioyes an arbitrary Prerogative more intirely, and more cheape then any Prince that I have read of, because he neither relyes meerely upon an Army, nor meerely upon the Noblesse of that State whereby to oppresse the Pesantry, but very sub­tilly he so makes use of both, as that he is totally in­gaged to neither. But that Crowne has not of late suffered any violent shock, or concussion, if ever it does, that frame of Government will soone be shattered, and the great body of the Commu­nity will gaine a party either amongst the Noblesse or the Souldiary. When Marquesse Hartford first strained himself, to bring in Forces for Prince Ru­pert he did not perhaps intend to make Prince Ru­pert so imperious over himself, & over all our Eng­lish Nobility, as he is now growne. Neither did Sir Ralph [Page 23] Hopton thinke by all his meritorious services to gaine such a Rivall to himselfe, and to all the Gentry of England, as Captaine Leg. But now I feare they are subject to more un­limitable Lords in the Campe, then ever they stomached in the Parliament. I pray God the King himselfe do not finde the like. His Majestie needs no forraine discovery by Sir William Boswells Letters, to advertise him of dangers, and conspiracies against his sacred Person, the designes of the Jesuites (if they prosper, as by favour at Court they are likely) can never end but in the ruine of himselfe, or of the Religion which he professes, there need to be no strange Intelligencer to informe his Majestie of this. We may then knit up this point in a more short dis­course: Somtimes Princes are voluntarily in bondage to their owne Creatures, as Themistocles was, who whilest he over­ruled all Athens, and Athens over-ruled all Greece, yet he was himselfe over-ruled by his wife, and his wife was over-ruled by her son: but this kinde of bondage is commonly more Co­micall. At other times, Princes stand ingaged to the factions and forces by which their Dominions were atchieved, and must be supported, and this kinde of engagement uses to be often very Tragicall; as the old Stories of the Romane Em­perours, and the moderne Stories of the Turkish Sultans, and of sundry other insolent usurpers in other nations do suf­ficiently testifie. It behooves Princes therefore, as well for their Subjects, as their owne sakes, to avoid either of these servile Conditions: let them not impose too heavie a yoke upon their Subjects, and they shall neither have cause, nor disposition to receive any other yoke upon themselves. But though these additionall causes are free from exception in themselves, yet as the case now stands, and as the Kings suc­cesse of late hath been, some men may cavill perhaps, and oppose the taking of this Oath at this time. I shall reply lit­tle herein▪ for it appears, as I conceive, that this Oath, as it is now formed, does but open and explain the same intention [Page 24] which the King had, or ought to have had in the other: and therefore without great imputation, and suspicion this forme cannot be refused. I shall onely supplicate his Majestie, that he will please yet more solicitously, and intentively, to re­view and research the true state of this transcendent Case, and to come to a more equall impartiall debate about it, as well with other men, as with his own conscience: Let it be his Majesties care to hear whatsoever can be inforced by reason from any person whatsoever, let him put the Case all maner of ways, & take a just consideration, in what condition he re­mains, if his Cause be just, or if it be unjust, or if it be dubious, or partly just, and partly unjust; if he does not cast thus about in spight of all prejudice, and take in all suppositions from all sides, as the fatality of this controversie now stands, no excuse will be large enough to cover him from the condemnation of God or man. We will first suppose his Majesties Cause to be just▪ that he has onely the defensive part, and is necessitated to fight, and that the Parliament as yet hath offered no terms of Accommodation to him, but such as are more unjust, then all the plagues of this calamitous war. This, so being supposed, makes him innocent, but yet most unfortunate, it makes him the first man that ever Fortune pickt out to ingage in such a wretched destruction of men and treasure without blame. A­mongst all his Ancestors there will not appear, upon search, one of them who was just, and maintained a just cause▪ and yet met with such generall opposition from his Subjects, much lesse from the Lords and Commons assembled in Parliament: How triviall soever the Kings side account this, there was not ever a worse prodigie in the world to amaze any State, then this is, if it be true that the orderly presentative Body of this Nation, has, causlesly, and unnaturally, risen up against their righteous king to pursue him so far, as ours now is. It is not to be denied, but that some Parliaments have done some un­just things, when they have been wrought upon by the force or fraud of Princes; but no example can be shewed, that ever any [Page 25] Parliament did such an unjust thing as this, contrary to all motives and influences of a gracious and religious Prince. Some of the kings party have argued thus▪ if Parliaments may erre when they are perfect, having the concurrence of the Royall State with them, much more may they erre when the Royall State recedes from them, &c. But this I hold a grand mistake, for if I have any reason to make a right use of Story, Parliaments are represented to me never lesse liable to error, then when they receive least impressions from the king. With what regret then ought the king to look upon this un­precedented dysaster? Certainly, if he look upon us with a naturall eye, under such unparalleled sufferings, or upon him­selfe with a pious eye, under such an unequalled affliction, it cannot but administer thoughts of horrour to him. Bonus Pa­stor ponit vitam pro ovibus, so said that Prince of Peace, in whom onely there was no sin, and in whose flock, joyntly, and severally taken, there was nothing else but [...]in, and yet his death sealed as much as his mouth affirmed. Moses seemed to preferre the well-fare of the obstinate Jews, not onely be­fore all his temporall interests, but also before his eternall di­adem in heaven; and Saint Paul seemed to be rapt up with a species of the same zeale. The passions of some heathen and hereticall Princes towards their liege Subjects, have been al­most above the pitch of humanity: with what a strange kinde of hypochondriacall frenzie did Augustus Caesar cry out, Red­de mihi Legiones Vare? If the bloud of his Subjects had been drawn forcibly out of his own dearest veins, it could not have parted from him with a stronger resentment. How did our Queen Mary▪ even to the death, deplore the losse of one Town in Picardie? With what strange instruments did griefe make incision in her heart, whilest it would in grave the name of Callice there? The losse of all kings in all wars uses to be very dolorous, but native kings in civil wars, when they look upon such vast desolation, as is now to be seen in England and Ire­land, must needs think that their own interest, their own ho­nour, [Page 26] their own saftie is of lesse consequence. We will now suppose the kings Cause to be unjust, that the Parliament has had none but loyall intentions towards him, and his Royall Dignity, nor has attempted any thing but to defend Re­ligion against the Papists, the Lawes of the Land against Delinquents, and the Priviledges of both Houses against Ma­lignants: and on the contrary we will suppose that that pri­vate Councell which the king has followed rather then his publike one, has aimed at the Arbitrary rule of France, and to effect the same has countenanced Popery, and but pretended danger onely from the Parliament, from the City of London, and from the best affected of the whole Kingdom. Qui sup­ponit, non ponit: We will not assume, but presume onely that the great Councell of the Land is in the right rather then the King, and his clandestine Councell; but see what will follow upon this supposition, if it prove to be true, as it is neither impossible, nor improbable; if this be true, what a formidable day is that to be, wherein the king shall render a strict account for all the English Protestant blood which ha's heen issued out, and is to be yet issued out in this wicked unnaturall quar­rell? Manasseh which filled Jerusalem with blood, and made the kennells thereof flow with the precious blood of Saints, could not contract so black a guilt, as he that imbrues two large kingdomes with blood, and that with the blood of the best reformed Professors of our Saviours Gospell. That blood of Protestants which has been shed by Papists, as in the Pa­risian massacre; that blood of Christians which has been shed by Infidells, as in Turkie; that blood of Saints which ha's been shed by Hereticks, as in the Arian Emperors dayes; that blood of strangers which ha's been shed by Conquering Usurpers, as in Peru of late, may admit of some colour, or excuse as to some degree of hainousnesse, and may plead for some kinde of expiation, but this is beyond all thought or expression: The goodly kingdom of Ireland is almost con­verted into a Golgotha, and the more goodly kingdom of Eng­land [Page 27] is hasting to a worse point of desolation: It must needs be therefore, that he to whose cruelty and injustice so much confusion shal be imputed, must be perpetually abominated as a plague of humane kinde more monstrous, and portentuous then any age formerly had the strength to produce. The rip­ping up of a mothers womb, the firing of such a Metropolis as Rome was, were but straines of vulgar, narrow-hearted cruelty; Antichrist himself may own the depopulation, and vastation of our Brittish Ilands, as acts worthy of his dying fury.

But it remaines now in the last place that we suppose some doubt to be in the case, or some mixture of injustice in some circumstances: as that, though the King incline not at all to Popery himselfe, yet he has favoured▪ and enabled Papists too farre to do mischiefe; and though he cannot with safety cast himselfe wholly upon the fidelity of the Parliament: yet he has no cause utterly to reject their consent, and approbation in the filling up of all places of publike power and trust as the emergent necessity of the times now is, nor to persist in this all-consuming war, rather then to condescend to an Accom­modation of that nature; if we lay down but this for supposed, we must needs conclude that the King ha's not punctually and duly discharged his Office, so as that he can clearly ac­quit, and absolve himselfe before God of this lamentable effusion of Christian blood: For there must not onely be a perspicuous justice in the Cause, but an absolute necessity of the war, when kings take up the sword against such a consi­derable number of their Subjects as our King now fights a­gainst. Though the cause may be just, yet the war is not law­full where the miserable consequences of it do too far out­ballance the iniquity of the conditions offered, and proposed by the assailed partie; wherefore if the meere and cleere justice of a cause cannot alwayes wipe off guilt, how shall he be purged from offence, whose cause is not totally just, nor undeniably evident in a war of this nature? If the King does [Page 28] not apparently fight for Antichrist, yet tis most apparent that Antichrist does fight for the King, the whole Hierarchy ha's declared their ingagement by publishing Bulls, & by sending supplies into Ireland, & England out of severall Popish Coun­tries: On the other side if the Earl of Essex does not apparently fight for Christ, yet it seems very probable that Christ fights for him, for our great Armies within the circle of this last year have four times met, and stil the Kings side hath gone off with losse and disadvantage. Redding being begirt with his Excel­lencies forces, all his Majesties power could not relieve it, yet Glocester being begirt by his Majesties forces, his Excellency found meanes to relieve it. And as for Edge-hill and Newbery, though neither side was totally routed, yet the mastery of the field was left to his Excellency, and had not fraud done better service to the King then force, scarce any other encounters in other parts had been prosperous to his Popish Armies. These things seem to make the kings Cause at least dubious, for it were strange if in these latter dayes Christ and Antichrist should be so far reconciled in any one cause as to unite their battailes in the same expedition, or to pitch their tents in the same field; and grant any doubt in this case, and the king can never be capable of justification in prosecuting it so far with fire and sword; for the king has already sworne to uphold and preserve in their intire vigor the Lawes of the Land, and the Priviledges of Parliament, and we cannot deny but even this doubt might be decided by the Lawes in Parliament, or by some other Judicatory out of Parliament, if the king would referre it to such a decision; if the king will admit of no Ju­dicatory to determine this matter, what are all our Laws, and Priviledges worth? If he will admit of one, but doubts what it is, and will not be resolved by his Parliament in that doubt, what will all his oathes profit us, what will all his deep professions of favour to our Laws and Priviledges stand us in stead? All those suppositions severally or joyntly make it manifest, that this war, if it can be ended by a just oath on [Page 29] the kings side, not at all departing from the sense, and intent of his former Oaths, or from the nature of his kingly office, will charge all these inexpiable mischiefes upon him, if it be re­fused: Nay, when the king is not certaine of Victory, and yet hath by so many dreadfull oathes debarred himself from all advantages by victory, if this devouring war (wherein so much losse is, and no gaine at all to countervaile it) be still protracted, and preferred before a composition of this nature, future ages must needs suspect, that love of ruine, and distra­ction, and a perfect hatred to the very nature, and being of man was the execrable cause of it: To recommend this Me­thode of Pacification to the king, I shall say no more, and to recommend it now to the Parliament, very little will be fit to be said, in regard that kings are more devoyd of Counsaile, then Parliaments; I shall thus onely contract my selfe.

If we have respect to Almighty God, an appeale to him by Oath, is not lesse beseeming Christianity then an appeale by sword; for ought I can understand, this is rather a way of ingaging divine Justice, then of disingaging it, if we may be permitted to use such a word. If we have respect to the king, no course can better save his honour or oblige his justice then this.

If we have respect to the Parliament, no other argument can more clearly vindicate their innocency and loyalty then this.

If we have respect to Precedents, this is a transaction of State exceeding ancient.

If we have respect to the present occasion, our affaires are now in a condition so good, that fear cannot be upbraided to us, and the Summer is so far spent, and our successe hath hi­therto been so equilibrious, that we have no reason to presume.

If we have respect to the future, as the Armies may dis­band without turmoile, so we may all meet and incorporate again by this meanes upon more equall and friendly termes [Page 30] then by any other. The old word of Command (As you were) will reduce us to that Posture, in which the beginning of this Parliament found us; and then if the King observe this oath, he will incline to favour a due reformation, and consequently decline those rocks upon which he ha's of late unpolitickly both cast himself, and the State; if he observe it not, no new advantage will accrue to him by this disbanding of both Ar­mies, but perhaps disadvantages, rather; and certainly he will neither ingratiate himselfe with God nor man by temerating such a Sacred Paction.

The cause of all our miseries is meer obstruction of justice, and such obstruction as nothing could worke but the utmost power of a king: Now for the opening of obstructions, this oath, if it be kept unviolated, is as effectuall as any other ex­pedient whatsoever; and we may hope that it will be kept.

But soft, I crave pardon for saying so much, or insisting up­on any inducements at all, for I know both Scots and English are now interessed herein, and I represent these things to the supreame wisdom of two the most religious Kingdomes in the world.