The true state of the Warre, on the Kings side and on the Parliaments.

THE Lords and Commons assembled in Parliament alleage, That there was a Designe by Papists,The Allegati­on of the Lords and Commons for taking up Armes. and by an ill-aff [...]cted Party, to overthrowe our Religion, Lawes and Liberties, and to introduce Popery and Tyran­ny, and that they tooke up Armes to defend our Religion, L [...]wes and Liberties.

The King alleageth, That there was a Designe by a fa­ctious, seditious, anti-Monarchicall Party,The Kings Al­legation for his taking up of Armes. to overthrowe the established government of Church and State, and to settle the chiefe Power and Government in the two Hou­ses of Parliament: And that upon their Allegation afore­said, and in Order to their Designe aforesaid, the two Hou­ses have claimed and exercised a Soveraigne Power over the Lawes of the Land, and an Arbitrary and Tyrannicall Po­wer over our persons and Estates, and have levyed warre, and compelled us to serve in the warre, as was pretended to keepe out Tyranny and Popery, and so to carry on their Designe against Regallity and Monarchy. And his Majesty tooke up Armes, as he alleageth, to maintaine the ancient Government of the Kingdome, and our established Religi­on, Lawes and Liberty.

Now the true cause of taking up and continuing of Armes on each side,The true Cause of the war, on both sides. is best knowne by their Propositions offered before, and treated on since the warre,

The Parliaments Propositions.The Parlia­ments Proposi­tions.

THAT a Bill be passed for the utter abolishing and ta­king away Arch-Bishops, &c.For abolishing Bishops.

[Page 6] For nomina­ting the Offi­cers of State, and the Judges in England.That the Lord high Steward of England, Lord high Con­stable, Lord Chancellor or Keeper of the Great-Seale, Lord Treasurer, Lord Privy Seale, Earle Marshall, Lord Admiral, Warden of the Cinque-ports, Chancelour of the Exche­quor, Master of the Wards, Secretaries of State, two Cheife Justices, and the Cheife Baron, be nominated by both Hou­ses of Parliament.

The like for Ireland.The like for the kingdome of Ireland, as touching the Deputy, or cheife Governour, or other Governour there, and the Presidents of the severall Provinces, the Chancel­lor or L. Keeper, L. Treasurer, &c.

The Educating of the Kings children.That he or they unto whom the Government of the kings children shall be committed, shall bee approved of by both Houses of Parliament, and their servants likewise.

For marrying them.That no marriage shall be concluded, or treated, for any of the Kings children, with any forraigne Prince, or other person whatsoever, abroad or at home, without consent of the Parliament.

For the MilitiaThat the Militia be setled, and the Subjects of the King­domes of England and Ireland, be appointed to be Armed Trayned and Disciplined, in such manner as both Houses of Parliament shall thinke fit.

For the Admi­ralty and Na­vy.That the Admiralty and force at Sea, and power of ray­sing Money for the maintenance of those Forces, and of the Navy, bee setled in the two Houses of Parliament.

For the Forts and Castles.That the Forts and Castles of the Kingdome shall be put under the Command and Custody of such Persons as shall be approved of by both Houses of Parliament.

For the votes of Peeres to be made hereafterThat no Peere made hereafter, shall sit or vote in Parlia­ment, unlesse they bee admitted thereto by both Houses of Parliament.

For concluding of Peace & warThat the Concluding of Peace and Warre with forraigne Princes and States bee with the advice of the Parliaments of both Kingdomes.A quere upon the Parliaments Propositions.

Now the Question is, Whether (these Propositions [Page 7] considered) The two Houses of Parliament doe truely take up Armes and continue them, for the defence of our Religi­on, Lawes and Liberties, against Popery and Tyranny, as is alleaged by them; or not rather for the overthrowe of the established Government of Church and State, and of Re­g [...]llity and Monarchy; and for setling the cheife Power in the two Houses of Parliament as is alleaged by his Majesty.

There are I know other Propositions concerning Delin­quents, but subordinate to those that tend to the alteration of Government.Their Proposi­tions concer­ning Delin­quents. Their Delinquents being only such as are enemies to their Cause, and have from time to time oppo­sed their proceedings against the King, and against the pre­sent Government, as appeares plainly by their Ordinances concerning Delinquents, and by the Catalogue of Delin­quents delivered in at the Treaties, and inserted amongst their Propositions: And they prosecute them not in a Ju­diciary and Parliamentary way, as Legall offenders; but in a Military and Hostile way, as an adverse party, Opposite to them and their Designe.

Now, whether these Gentlemen be Delinquents or no, shall be shewed afterward, upon stating the warre on both sides; Delinquency being not where the Cause is just, and the warre lawfull; but where the Cause and the warre are unjust, and unlawfull, that is the Delinquent Party.

Their Propositions concerning Papists I have omitted,Their Proposi­tions concer­ning Papists. because the King assented to them. (And how did they take up Armes for the defence of our Religion against Popery?)

Concerning our Liberties they proposed nothing,No Propositi­on concerning our Liberty. all the Grievances set forth by the Lords in their Petition presen­ted to his Majesty at Yorke, being remedied by severall Acts at the beginning of this Parliament. And how then did they take up Armes for defence of our Liberties, against Tyranny?

Also there is nothing proposed concerning our Lawes; [Page 8] their whole proceedings being against Lawe;An observation of the Kings Commissioners at Uxbridge. eyther a­gainst the twenty fift of Edward the third, in point of Treason against the King; Or against Magna Charta, and the Petition of Right, in point of oppression of the Sub­ject. As also by their Orders, The two Houses and each House, and their Committees stop the proceedings of the Courts of Justice, in Suites of Lawe, betweene Man and Man.

And so the Kings Commissioners at the Treaty at Ux­bridge observed, That after a warre of neere foure yeeres for which the defence of the Protestant Religion, The li­berty and property of the Subject, and the priviledges of Parliament, were made the cause and ground, in a Treaty of twenty daies, nor indeede in the whole Propositions, upon which the Treaty should be, there hath been nothing offered to be Treated concerning the breach of any Law, or of the Liberty and Property of the Subject, or Priviledge of Parliament; but only Propositions for the altering of a Government, established by Lawe, and for the make­ing new Lawes, by which all the old are, or may bee can­celled.

The Kings Propositions.

For his Reve­nues Magazine &c.THAT his Majesties owne Revenue, Magazine, Townes, Forts, and Ships, which have beene taken or kept from him, by force, bee forthwith restored unto him.

For maintay­ning the Lawes of the Land, & the kings Le­gall Power & Right. For the Liber­ty of the Sub­ject against il­legall Power.That whatsoever hath beene done or published contrary to the knowne Lawes of the Land, or derogatorie to his Majesties Legall and known Power and Right; be renoun­ced and recalled, that no seede may remaine, for the like to spring out for the future.

That whatsoever illegall power hath beene claimed and exercised over his Subjects; as imprisoning their persons [Page 9] without Lawe; stopping their Habeas corpus, and impo­sing upon their estates without Act of Parliament, eyther by both or eyther House, or any Committee of both or ey­ther, or by any persons appointed by any of them, bee dis­claymed, and all such persons so Committed forthwith discharged.

That as his Majesty will readily consent, having done so heretofore, to the execution of all Lawes already made,Against Pope­ry. and to any good Act to be made for the suppressing of Po­pery, and for the firme setling the Protestant Religion by Lawe established; So he desires that a good Bill may bee framed, for the better preferring of the booke of Com­mon-Prayer, from the scorne and violence of Brownists,For the booke of Common Prayer. Anabaptists and other Sectaries, with such clauses for the ease of tender Consciences, as his Majesty hath for­merly offered.

That all such persons as upon the Treaty shall be excep­ted out of rhe generall Pardon, shall be tryed per Pares, For the tryall of Delinquents ac­cording to the usuall course and known Lawes of the Land, and that it be left to that, eyther to acquit or con­demne them.

Now the question is,A quere upon the Kings Pro­positions. whether (these Propositions con­sidered) the King doth truely take up Armes, and con­tinue them, to maintaine our Religion, Lawes, and Liber­ties; against Popery and Tyranny, as is aleaged by his Ma­jesty, or to overthrow them, as is alleaged by the two hou­ses of Parliament.

But the Lords and Commons pleade for themselves fi­nally. That they tooke up Armes, and continue them,The final Plea of the Lords & Commons re­torted: to prosecute their Propositions, only in Order to the defence of our Religion, Lawes and Liberties. Or rather they tooke Armes, and continue them, for the defence of our Religion, Lawes and Liberties only, in, Grder to the prosecution of these their Propositions, and of their Designe; Seeing they will not acquiesce in his Majesties, which are directly and apparently for the establishing of our Religion, Lawes and [Page 10] Liberties, against Popery and Tyranny, but offer and presse their owne Propositions, to the overthrow of our Religi­on by Lawe established, and of the established Govern­ment of Church and State.

Besides, before Armes were taken up, his Majesty was pleased to recede from his Right touching Forts,The King re­cedes from his Right, & from the [...] rigour of his Propositi­ons. and Ca­stles, and the Militia; and he condiscended to them in di­vers other particulars, touching their nineteene Propositi­tions; thereby (if possible) to have prevented the Warre amongst us. And after that Armes were taken up, and the kingdome embroyled in Warre (to prevent the further mis­chiefes thereof) his Majesty was pleased to recede from the rigour of his Propositions; and at the Treaty at Uxbridge, by his Commissioners, he would have complyed in severall particulars touching the Bishops and the Deans and Chap­ters: and he would have trusted them with the Militia for two yeeres, and afterward by a Message from Oxford, he graciously condescended:

1. That all who are Protestants should have the free e­xercise of Religion according to their owne way.

The Kings Message from Ozford.2. That the two houses of Parliament should have the Militia for 7 yeeres.

3 That they, pro hac vice, should chuse the Lord Admi­rall, and Officers of State, and the Judges.

4. That the businesse of Ireland should be referred whol­ly to them.

5. That hee would joyne with them in an Act for the payment of the publique debts.

6. That he would passe a Generall Act of Oblivion.

I say the King was pleased, in favour to the Parliament, and the Subject, to recede from the Rigour of his Propositi­ons: But the two Houses would never abate one jot of their Propositions and demands,They will not recede one jot from the rigor of their Propo­sitions. in favour of his Majesty or Monarchy; but rather have scrued them up from time to time, and heightned them against both. Nor will they now be satisfied with the establishing of our Religion, Lawes, [Page 11] and Liberties, unlesse it bee by way of their Propositions thus heightned: And so they encroach upon the Crowne daily, more and more, untill at length they invest themselves in the full Power and Rights of the King and of the Crowne.

And at first they pretended the defence of our Religion,The defence of our Religion, L [...]wes and Li­berties preten­ded, and why Lawes and Liberties, in policy only (that they might more effectually prevaile with the people, and more colourably seize the Militia, and rayse an Army) for by their Armes, they doe not only, not defend our Religion,P [...]testatio con­traria facto. Lawes and Li­berties, but (taking upon them Soveraigne authority over our Lawes, and an Arbitrary Power over our Persons and Estates) they abolish our Religion, by Lawe established,By their Arms they doe not only not de­fend our Reli­gion, Lawes & Liberties, but invade and vi­olate them. in Doctrine, Worship, Discipline and Government (to comply with the Independents, Brownists, Anabaptists, and other Sectaries, to make them of their party to carry on their Designe against Munarchy) And they trample un­der foote our Lawes, and invade and violate our Liberties, in prosecution of their Designe, against his Majesty, and in him, against Monarchy: O [...]dayning, contrary to the Peti­tion of Right, That we beare Armes, billet Souldiers, pay Monies and take Oathes, not imposed by Act of Parlia­ment; And upon our refusall, Sequestring and Impriso­ning us, without more adoe; and proceeding also against some by Martiall-Lawe, and Condemning and Executing them: Whereas by Magna Charta, no man should bee disseized of his Estate, nor Imprisoned, nor suffer, but upon tryall by his Peeres.

But who would haue beleeved, that our Religion, Liber­ty and Lawes, which for so long a time have endured Op­position and Assaults from forreigne Power, envying our happinesse, would have beene Opposed, Oppressed, and Trod under foote by the Crafts and Cruelties of our owne Natives and Country-men? As is declared by both King­domes joyned in Armes for pursuance of the Covenant Janu. 30. 1643.

[Page 12] This a most dangerous pre­cedent. The true state of the war, on the Parlia­ments side. There is not Law warrant­ing the Lords & Commons to take up Armes. Rom. 3.8. Their present War is, First unnecessary as pretending the defence of our Religion, laws and Liberties against Popery and Tyranny. Secondly, un­just as conten­ding for the King & crown. Thirdly, wic­ked, as inten­ding the over­throwe of the Constitution & Government of the kingdom and intimating the destruction of the King & his Posteritie in order there­to. No priviledge in Case of treason. Having got the power of the Sword, they may rule and over-rule the king & people, & invade his other Rights and their Liberties at pleasure.And Oh! the unstable and miserable Condition of the English Nation, if the two Houses of Parliament or a prevayling factious Party there, may at pleasure alter our Established Religion, Lawes, Liberty, Property and Government.

And so (the Premises considered) the true state of the Question concerning the Warre on the Parliaments side, is clearely this. Not whether the Lords and Commons may seize and deteine his Majesties Forts and Ships; Nor whe­ther they may settle and dispose the Militia and the Navy, and rayse an Army for the defence of our Religion, Lawes and Liberties (though to doe any of these without the Roy­all Authority, upon any Pretences, or to any Intentions whatsoever, whether to expulse Strangers, to remove Counsellors, or against any Statute, &c. bee to levy warre against the King? because they take upon them Royall au­thority, which is against the King, Cooke 3. part Institut. Cap. de high-Treason. And I know no difference between the Lords and Commons in Parliament (in this Case) and others out of Parliament, all being in the condition of sub­jects to his Majesty, and there being no priviledge of Parli­ament in Case of Treason: But whether they may put themselves into the strength of the Kingdome, and rayse forces, and employ them to the intents and purposes ex­pressed in their Propositions, viz. For taking from the King and from the Crowne the Government of the Church by Arch-bishops, Bishops, &c. and the Govern­ment of the State likewise, whilest they would nominate the great Officers and the Judges, and would dispose the Militia, and the Navy, and the Forts and Castles, &c. And for setling the chiefe power and Government both of Church and State, at present in themselves, and in the two Houses of Parliament hereafter; yea for Subjects (and such are the Lords and Commons in the present Parliament as­sembled) to put themselves into such a strength as the king shall not be able to resist them, and to force and compell [Page 13] the King to governe otherwise then according to his owne Royall authority and direction is manifest Rebellion,It is manifest Rebellion. ac­cording to the opinion of the Judges deliveeed at the ar­raignement of the Earle of Essex.

How much more in our present Case,Their Rebelli­on aggravated. when they would take away the power and governement from the King and Crowne?

Againe, The premises considered,The true state of the warre on the Kings side. The warre on the Kings side is vindicatory and defensorie, in respect of the Kings po­wer and righ [...], and of the Lawes of the Land, and of the Liberty and property of the Subject. The true state of the question concerning the Warre on the Kings side is cleerly this. Not whether he may raise an Army against the Parli­ament (though if he should, I know no warrant for resi­sting him,) But whether the King may not raise an Army, and fight against the Parliament, for the reasons expressed in his Propositions. viz.

For the recovery of his Revenue, Forts and Castles &c.

For vindicating the Lawes of the Land, and his Legall power and Rights &c.

For Redeeming the Subject from illegall-power, and from manifold oppression.

For preserving the established Liturgy &c.

For bringing Delinquents to a Legall-Tryall. The Lords and Commons in Parliament, as well as other his Subjects, being lyable to his Majesties displeasure, whensoever they keepe not themselves within the circle of the Law, and Cu­stome of Parliament. Cooke lib. of Jurisdiction of Courts. Note. Cap. High Court of Parliament. And themselves have de­clared, That all forcible practises,Malignancie, Delinquencie, and Covenanting, &c. The true state of the question concerning the deposing of the King. much more such Rebelli­ous proceedings against the King, are inconsistent with the Nature of the Councell, being the Body whereof his Ma­jesty is the Head. Husb. Collect. of Remonst. pag. 100. And from those expresse ends in the Propositions on both sides must we judge, as of the warre, so of the incidents thereto; Malignancy, Delinquency, Covenanting, &c. And of the consequents thereof, the blood-shed and spoyle in England, and the losse of Ireland, and the blood and treason to be ex­pended in the recovery thereof, and the deposing of the [Page 14] king (though no protestant Parliament ever did so, and Protestants generally abominate the doctrine of Deposing of Kings.Dan. 2.2 [...]. Dan. 4.17.25.32. Rom. 13.14 4. The Observator himselfe sayes, That never was any King deposed in a free Parliament:) But whether the Parliament may depose the King, because he hath taken up Armes and sought against them.

For recovery of his Revenues, &c.

For vindicating the Lawes of the Land, and his Legall power and Rights.

For Redeeming the Subject from illegall power, &c.

And because he will not assent to their Propositions, and renounce his Cause, and ruine his friends, and betray the Crown,They cannot in justice or in gratitude de­pose the King. and depose and degrade himselfe and his Posterity.

Also whether they may depose him, after hee hath by se­verall Acts of parliament asserted our Liberties, and offered to passe whatsoever is desired against papists. And after his gracious condiscentions touching the Forts and Castles and the Militia,The depriving of the King, a consequent in every Rebelli­on. for our security; and after his other condiscen­tions declared in his answere to the ninteene Propositions. And after his gracious Messages from Nottingham and Ox­ford, both that upon the Treaty there, and the other about a yeere since, which see before.

1 Sam. 26.9. How wee must judge of their after procee­dings with his Majesty. The true state of the question on the Parlia­ments side, in referrence to the Liberty of the Subject in generall, and more particu­larly of the Royall Party.But this is an ordinary consequent in every Rebellion, The Rebels not suffering the king to live or Reigne, which might punish or take revenge of his Treason, as is evident in Ed. and Ki. both the second. And this also the Judges de­livered for matter of Law, at the arraignement aforesaid,

And in this case must we ground our judgement of their after proceedings with his M [...]jesty, on the Sentence of the Lawe, and on the Evidences of Histories, and not on their Declarations, alterable at pleasure, as themselves averre.

Lastly (the promises considered) The true state of the Question on the Parliaments side, in referrence to the Li­berty of the Subject in generall, and more particularly to the Royall party, is cleerely this; Not whether the Lords and Commons assembled in Parliament, have power over [Page 15] our Lawes, Lives, Liberties and estates, in Case of defence, as aforesaid; But whether they have power to compell us to serve with our persons and estates in the present warre against his Majesty? and in Case of refusall, whether they may proceede against us, and whether each house hath po­wer in this Case to sequester and imprison us.

As also his Majesties taking up Armes for the reasons a­bove mentioned, and requiring us to assist him in this warre, whether they may question and punish us for such assist­ance;These legall Oathes obliege us rather then our late vowes and covenants. seeing we are bound by the Oathes of Supremacie and Allegiance, to assist [...]nd defend all Jurisdictions, Pre­heminencies, and Authorities belonging to the King, his Heires and Successours, or annexed to the Imperiall Crowne.

And for such Deede and Service, we are utterly dischar­ged of any vexation, trouble or losse. 11. Hen. 7. cap. 10.

And whereas the Parliament in their answeres hereto grant it to be dutie of allegiance,Ob. to serve the King in warre for the defence of him and of the Land, but not in warres a­gainst the Land or the Parliament, the Representative bo­dy thereof.

It may be replied and truely;Sol. That the greater part of the Lords and Commons, and consequently of the people of the Land, taken collectively, and in Parliament joyned with the King before the Tumults; as did the greater part of the people diffusively take part with his Majesty before they called in our brethren of Scotland,Upon [...] what termes they called in the Scots whom they invited by severall Messages, Declarations, Protestations, Attesta­tions, Asseverations and Oathes,They professe declarations alterable at pleasure. See the Scots papers printed at Edinbo­rough June 1646. in testimony of their un­shaken, Resolved and constant Loyalty to his Majesty and to his Posterity: But now they have Notoriously and professedly revolted from both: and when the Scots-Com­missioners urged those Declarations and attestations a­gainst them and their proceedings, they answered that Re­turnes should not be made against England, upon their for­mer Declarations, as if they were obligations, whereas they were alterable at pleasure.

[Page 16]And now, that by the helpe of our Brethren, they are Conquerors, and absolute Masters of all; see how they fall againe upon their designe against his Majesty, and a­gainst Monarchy: and drive it on with all might and main, and by all waies and meanes now, as at the beginning; and what was Treason before is Rebellion now.

Their Proceedings after the Warre, the same as before the Warre.

They stickle about the Ele­ctions.1. Then they stickled for such men to bee elected into the House of Commons, as were of their opinions and in­clinations: and so they doe now.

Bills against Bishops, & for the Militia.2. The Bills against Bishops, and for the Militia, were in the first place insisted on then: and so they are now.

3. Seditious and Trayterous pamphlets were published then,Trayterous Pamphlets. as now, by Mr. Lilburne, by Mr. Chaloner and his vindicator, by the authour of the booke called The unhappy game betweene the Scots and English, and by others, pro­fessed enemies to his Majesty and Monarchy.

Tumultuary Sectaries.4. Tumultuous Sectaries were raysed and countenanced to force the votes of the Members of both Houses of Parlia­ment then:An Indepen­dent Army. and an Indepentent Army is raysed and con­tinued to force the Kings vote now.

Of the Forts & Castles.5. They seized on the Forts and Castles, and the Militia, and the Navy then: and they detayne and dispose them now, as then; for securing, not the kingdome, but them­selves and their Designe.Of deposing the King. S [...]e the premi­sed opinion of the Ju [...]ges concerning the de­posing of kings and the Histo­ries of Ed. and Ric. both the 2

6. Then Mr. Martin said openly, That the Kings Office was forfeitable, and Sir Henry Ludlow, That his Majesty was not worthy to be King of England, and the two hou­ses Declared, That if they followed the highest precedents of other Parliaments, they should not want modesty or du­ty: and now they tell us in the answere to the Scots pa­pers, That the King is not in a condition to execute the [Page 17] duty of his place, or to bee left to goe or reside where and when he pleaseth.

And here sticks the Designe at present,Where the De­signe sticks. See the Scots papers, & the Lord Low [...]dns three severall speeches of dis­posing of the Kings person. the Scots dissen­ting and interposing and pressing for his Majesties returne to his Parliament, with freedome, honour and safety.

But whatsoever they shall attempt and act, against or upon his Majesty hereafter, 'twill be (not as is pretended) a due guerdon for his warre against the Parliament (for he hath contracted no guilt thereby) but as an effect of their conquest, and an accomplishment of their Designe, agita­ted before,Their after proceedings a­gainst the King not his due guerdon, but in e­fect of their Conquest, and an accomplish­ment of their pretended De­signe. and pursued and consummate by the present warre. And whatsoever their after proceedings bee, his Majesty will still be Innocent: And whatsoever their pre­tences are, They will be Rebells still.

(7) They Declared against the Kings Negative Oath, in Law-making then: and now they give Lawes with­out him.

(8) Then they tendred to his Majesty Peopositions, to take away the chiefe power of Governing from the King, and to settle it in the two Houses of parliament: And at this day they insist on the same,Of the Kings negative Vote. with full resolution to o­verthrowe the Regall, and to establish a Parliamentary Government. And this is the utmost of their Designe,Their proposi­tions for the chiefe power in Governing. and the ultimate end of their Warre, and it concernes not the King only, but the Imperiall Crowne also.

I know these Propositions are obtruded upon the King and upon the people at present,The utmost of their Designe and the ulti­mate end of the Warre. as the only meanes of our preservation and safety against the common enemies of the Kingdome.

But I have shewed how some of the Propositions are uselesse in this kinde, and how the others are at this time needlesse in respect of the kingdome,Of these Pro­positions, some are Civill, others Military. They take from the King the disposall of all Pla­ces of Honour, and Judicature and Power, and consequently all depend ney; in these Respects, forreigners may come in to rescue the King and Crowne, and not to in­vade the Kingdome. having no professed [Page 18] enemy at all, though by their disloyall, illegall, violent courses they have created to themselves many Enemies, both at home and abroad, who also may bring in forreigne forces against them (if wee agree not suddenly amongst our selves) and yet not to invade the kingdome in a hostile manner: the like of late having beene done by others once and againe.

Besides, they demand these Powers not for a time only, but for ever;See the several papers of the Scots Commis­sioners concer­ning the Propositions of Peace. and so not as a remedy against present daun­ger, but as a foundation of another Government: Un­der the pretence of providing for the publique safety, endea­voring to overthrow Monarchy, and to set up and establish Aristocracy and Democracy. And as by the Act of conti­nuation they may sit for ever, so they intend doubtlesse by their Propositions to Governe for ever.

And the upshot of all is, Who shall Governe? whe­ther the King, or the Lords and Commons assembled in Parliament.

(9.) Lastly, before they tooke up Armes, they claymed an absolute power over our persons and estates, in Order to their Cause,Their absolute power over the people in order to the present warre. and to the present warre: and to this day they exercise it accordingly, disposing our persons, and im­posing on our Estates at pleasure. And this their arbitrary and boundlesse power, our boundlesse and unsufferable sla­very is like to last for ever, as their Cause and the Warre are like to bee everlasting;It is like to bee everlasting. See Mr. Mar­tins speech of the Royall branches. not only against King Charles, but also against prince Charles, and against his Heires and Successours likewise, and against the whole succession from time to time, as long as any of the Royall seede shall re­maine; and so in maintenance of their Designe against Monarchy, the people will be engaged in Rebellion, and embroyled in Warre, from succession to succession, and from Generation to Generation, unlesse some speedy course be taken for composing the differences,Our Rebellion warre & misery endlesse. and ending the warre amongst us; which seeing his Majesty cannot effect, by the justnesse of his Propositions, nor by the reasonable­nesse [Page 19] of his Messages, nor by the graciousnesse of his Con­discentions, neglected and rejected from time to time,An Apostraphe to the people, I thinke it may be, not improperly undertaken by the people themselves, who are also concerned in the differences, and in the warre, not only in point of duty and conscience in respect of the King; but also in point of Liberty and civill Interest, in regard of themselves.

And I would have them in the first place to petition his Majesty for a Generall Act of Oblivion to bee kept inviola­bly by himselfe and his posterity.To petition the King for an act of Oblivion.

Then I would have them, now they understand the false­nesse of their pretended dangers, and their falsenesse tou­ching our Religion, Lawes and Liberties,A Summe of the whole busi­nesse offered to the people the nature of their Propositions, and the ground and end of the warre (under the pretence of defending our Religion, Lawes and Liberties, against Popery and Tyranny, endeavoring them­selves and engaging us, with our lives and fortunes,Jerem. 17.3. to make good their Propositions against Regalitie and Monarchy) I say, I would have the people of the kingdome Generally, both in the City, and in the severall Counties, before they part with any more monies, eyther by way of Taxe or Loane (out of just indignation for the many fraudes and fa­lacies obtruded on them,To petition the Parliament. and out of a piercing sense of their by-past sufferings, and out of a pious sence of their Allegi­ance to the King and Crowne,Isai 32.17. and out of providence to their owne good and quiet, and for the good and quiet of posterity) unanimously and vigorously to Petition the two houses of Parliament for the disbanding their Armies,Pax, quo aequi or, co [...]firmior. and dimantling their Garrisons, and for inviting his Majesty to his Parliament, and for a suddaine Accomodation between them, with due and equall regard to the Kings legall Rights the just priviledges of Parliament,The Kings right taken from him with­out hearing his Councell. and the legall Libertie of the Subject, to be determined and setled in Parliament, and to bee so stated that hereafter they doe not enterfeire one a­gainst another, and to be bounded so, that they doe not en­croach one upon another.

[Page 20] Of Magna Charta, and of the Petition of Right.In particular, Let the people take care, That (if it be pos­sible) those Muniments of our Liberties Magna Charta, and the Petition of Right, be not at any time hereafter sub­jected eyther to the King, or to the two Houses of Parlia­ment, and that we be Governed, not by Ordnances and Votes, and Committees; but by the known Lawes of the Land only, and by the Ordinary Ministers of justice, as well in the time of Parliament as out of it.

When and how Religion to be setled.And when all the differences betweene the King and the Parliament and the Subject are quietly composed, and his Majesty, and the Parliament, and the people quiet and comp [...]sed in themselves, then (and not till then) would I have Religion setled,Our Religion abolished with­out hearing the conformable Clergy. in a full and free convention of Parlia­ment, after a full and free debate by Divines on all sides.

And above all, I would have the two Houses of Parlia­ment and the People, to lay aside prejudice & partiality, and incline to Truth and Justice,Stand not in evill things. Eccles. 8 3. and not to looke after their owne private advantages or Interests, but to intend and en­deavor the publique Peace and Common happinesse of the Kingdome; Also I would have them not carried away with Humor and Faction,The parliament and the people to lay aside prejudice, partiali­ty, selfe-inter­est, Humors & Faction, and to bee, guided by sound princples but to be regulated and guided by sound Principles of Policy, Religion, Loyalty; of Li­Liberty (Parliamentary and Common) of Order and Go­vernment, and of Peace and Unitie. And I advise them to seeke and pursue these things, not severally and apart, but joyntly and together; Policy with Religion, Religion with Loyalty, Loyalty with the priviledge of Parliament, priviledge of Parliament with Liberty, Liberty with Or­der and Government,See the premi­ses concerning the fundamen­tall constituti­on of the king­dom. Governement with Peace and Uni­ty: For in the due Harmonicall conjunction of all these, consists our Civill Happinesse. And they all Concenter in the fundamentall Constitution and Government of the Kingdome, as before.

Also let them remember that they have Covenanted ex­presly, with their Estates and Lives, to preserve and defend the Kings Majesties Person and Authority in the preserva­tion [Page 21] and defence of the true Protestant Religion and Li­berty of the kingdomes;Let the world judge whether these Proposi­tions doe not diminish his Majesties just power and greatnesse. so that the world may beare wit­nesse, with their Consciences, of their Loyalty, and that they have no thoughts or intentions to diminish his Maje­sties just power and greatnesse.

And how his Majesty hath endeavored to preserve and defend the true Protestant Religion, against Popery; and the Liberty of the kingdome, against Tyranny, let all the world judge, and see by his Propositions.

Lastly,As their designe is against the constitution of the Kingdom, so their procee­dings are a­gainst the con­stitution of Parliament. whereas the Covenanters have now turned their Propositions into Bills, and seek by violent courses to com­pell the King to passe them, they must know that hereby they overthrow the constitution of the Parliament, and make their Propositions of none effect also, Liberty of Vote being an esseentiall priviledge of Parliament, and no act being valid and obligatorie which is not free and volun­tary, as is fully declared. 15. E. 3.