A Letter from a Scholler in Oxfordshire to his Uncle a Merchant in Broad-street, upon occasion of a Booke intituled, A moderate, and most proper Reply to a Declaration, Printed and published under His Majesties Name, Decemb. 8. intended against an Ordinance of Parliament, for assessing, &c. sent to the Presse by the Merchant, who confesseth himself converted by it.
I Received your Letter, and the two Books you sent mee on Saturday last by the last Carrier, and have ever since imployed my thoughts and best Reason upon them, and in summing up to my selfe the whole state of the Case; which is truly the subject matter of this dispute. You know, Sir, what obligations I have to you for your care and expence in my education, and for recommending mee into so pious and honourable a Family, and therefore would not willingly dissent from you in an Opinion, to which (to my sorrow) I find you so much wedded; But since you require from me to try to perswade my Father (whom you call Malignant) to make himself a good Example in the City, by freely bringing in the twentieth part of his estate, before the Assessors fetch it; and to perswade, and enable mee to perswade him to it, you inclosed the Kings Declaration against the Ordinance for that Payment, and an Answer (as you are pleased to call it, a most cleer and convincing one) to that Declaration. I suppose you will sooner excuse me for giving you my Reasons, why I cannot obey you, then for a silent sullen disobedience. And I differ from you with the more confidence, because it seems by your Letter that I have the Authority of a Father for mee, though I have that of an Uncle against me. Truly Sir, I am so much satisfied with the Kings Declaration, and so little with the Reply, That I cannot but thinke that the two Houses did purposely avoid replying themselves, and turn'd it over to another, as finding their side too weak to be mayntained, and thinking it lesse dishonourable to be confuted by Proxy. And that the most proper Reply to such Declarations is to forbid the Printing and publishing under paine of Plundering and Imprisonment. And indeed, if all that hath beene written on both sides had beene suffered freely, and indifferently (as was required by Justice, and desired by the King) to have beene communicated to, and examined by the People (to whom the House of Commons had first (and without any president) in that way begun to appeal) those Paper-bullets (as hee calls them) would have killed this War in the wombe, and the same People who have beene now seduced into Rebellion, would have kept their Seducers to their. Loyalty, whether they would or no.
[Page 8] I shall now come to the Reply it selfe, in answer to which, if I shall speake of things that you may conceive me a stranger to, I shall desire you to remember how industrious a curiosity, I have ever had to informe my selfe fully in all the Questions of the Times, how carefully I studied the Questions of Arminianisme, the point of Ship-money, and the disputes about Altar and Table, and then you will not wonder, if in a question which concerned as well the subsistence, as the Salvation of all the Subjects of this Kingdom, I have not beene lazie to satisfie my self, as well in Right as in Fact; of which though the latter (by reason of my condition) was harder to me, yet what with my Interest in the Gentleman of the House of Commons who was my Pupill in Oxford: What with my acquaintance with some Exeter Colledge-men, Chaplains to some of the Kings Regiments (men ever till now rather esteemed Puritans, then Popishly affected) and by being often, present by their means, where some discreet Officers of the Kings have often met; I am confident, I am so well inform'd that what I shall say is come to mee by very good Conduit pipes, though I had it not from the Springhead.
Mee thinks, if the Authour of this Reply had intended, that his moderation should have reacht any farther then the Title of his Book he would not in the very first lines have confuted his Title, and spoken so scornfully of a Declaration under His Majesties Name, as hee doth in the Phrase of the Pen, that drops this Declaration, and so falsly and maliciously as to say, It is fellow to the Tongue which cuts like a sharpe Rasour; to say, that Malignity was the Whetstone, and that it cares not though it mangle Truth and goodnesse: For suppose, that his implicit belief in some Vote of the House of Commons, as when to free Sir Henry Ludlow for saying in that House upon the reading of a Declaration sent from the King enclosed in a Letter signed and sealed by His own Royall Hand and Signet, That hee that made that Declaration deserv'd not to be King of England; they Voted as if pretending to Inspiration, that that Declaration was not the Kings (for you know I was present when this was related to you the same night at Supper by a Parliament man.) Suppose, I say, this confidence in some such new Vote upon this occasion, should have perswaded him, that the King did not wholly endite it Himselfe; yet since He visibly did allow of, and send it, I wonder He should not conceive it to be as much His, as this very Ordinance is the Act of both Houses; Since it is more evident that the Houses did not write this, then that the King writ not the other, and that being drawn up by their Command, and published by their Authority (as the other is by the Kings) is all that can make it theirs; And yet I believe a Person that were brought to the Bar for using the same words of their Ordinance, would not be excused from breach of Priviledge, by answering that not the Houses, but some Committee, or particular Member of them was the Author of it.
Next the King objects the totall destruction of the Liberty and Propriety of all His Subjects by the imprisonment of their persons without cause, and disposing of their Estates without Law: and the Reply acknowledges as much as the Declaration objects, by that full and sufficient Answer. What have these men to doe to talke of fundamentall Laws? It were well he would have it moved that an Ordinance be made, that the Laws should no more be spoken of; for doing as they doe, they can get little advantage by such discourses; else, that the King who is sworne to protect the Law should alone not have leave no name it, were a very hard case. But perhaps the Replyer may defend himself by saying he imitates onely the Style of the Psalmes, why doe the wicked take my Law in their mouth? and follows only the usuall Style of all their Sermons, who whatsoever is said of wicked Kings and Persons, assume [Page 9] Authority to take it for granted as applyable to the Person of our gracious Prince, and of all those who venture their Lives to assist and defend Him: for to defend himselfe hee may well accuse his Friends, I am sure, to defend his Friends, he is no other way able to doe it then by recrimination upon his Enemies, and for that runs up as high as Loans, Knighthood, and Ship-mony. His memory is very good concerning those grievances, but very ill to forget by whose iust and gracious concurrence we have been cased both of them, and even of the feare of the like for the future; and sure, if any known Authors or Ministers of those Calamities, remayn still about His Majesty to frame His Declarations, it hath been by their negligence, not by His Majesties opposall of their Remove and Punishment. And it is not so strange that His Majesty upon information, how grievous those pressures were to His Subjects, opposes the introducing of the same illegalities, and miseries under no other colour then of new names & hath learned Law enough this Parliament to know that the pretence of necessity & Propterea quod Regnum nostrum periclitatur, is no sufficient cause of levying money, either by Writ or Ordinance; As that this Author will talke of such past faults, when there was nothing then suffered by the Subject, which hath not upon the same Pretences, but with lesse colour, beene since acted and exceeded by those, who were called together to ease them from the like sufferings. But alas, they onely take away mens estates in the defence of their Proprietie, and imprison their persons in defence of their liberty, and I believe will shortly hang them up to save their lives (as they already shoot at the King in his own defence) for he says, the Parliament (and by that throughout he means both Houses) hath power not onely of liberty and imprisonment, but of life and death. Nor are wee like to stay here, for he saith, that the House of Commons alone is trusted with all the estates of the Commons of England, and consequently may shortly save the Lords a labour of joyning with them in disposing of the estates of Commoners. And if they shall after pretend (as by the same Right they may) to a power over the lives of the Commoners too, a Member of such a House in a perpetuall Parliament may get more Revenue and Mayntenance by His Place, then ever any Penman of his Majesties Declarations will do by His. The truth is, the King and Lords both are as much trusted with the Estates of all the Commons of England, as the House of Commons is; neither it without them, nor they without it can dispose of them: and whatsoever Rights the King hath in Him by the Law, as the choice of Counsellours and Officers, of Commanders of Forts and Castles, and of the Militia of the Kingdom, and the like; with them He is trusted by the whole Nation, and neither one nor both Houses have any more superiority over that Trust, then he hath over any Trust committed to them. Hee represents the people too in what the Law hath left to Him, nor doe they represent them in any thing which the Law hath not trusted to them. But unlesse such Ordinances be made, the War cannot be mayntained. I wonder not, that this Argument should appeare a good one in their Army which lives by War, bus I wonder, it should be suspected likely to prevail upon the City, which can as little subsist without Trade, as Trade can continue without Peace, and which by this War hath been so much already diverted, that many yeeres will scarce return it into the former channell. I wonder the Citizens do not consider, that by this War their charge increases, whilest their gettings diminish: That their Train-bands are already suspected (and perhaps will shortly be disarm'd and plundered too) and the City awed by Red-coats. That for this War the twentieth part of their estates is voted away, and Assessors most of one Faction appointed, who may call nineteene parts the twentieth; That they are (under that terrour) imprisoned, upon grounds upon which no man should be imprison [...]d▪ [Page 10] and imprisoned by persons who ought to imprison no body; (for suppose both Houses had an Arbitrary power over their goods and liberties, they never claimed any till now by Ordinance, or otherwise, to transfer that power to a Committee; which yet is daily acted by them without reporting to the Houses) and this slavery is onely evaded by saying, it is thus farre a voluntary slavery, that they may free their persons if they will by voluntary Contribution, and that it is done to fright them from a perpetuall slavery: And truly, the Kings, Attourney had no great invention, if hee could not have found the same Answer to justifie all the Imprisonments for Ship-money, Knighting-money, Coat and Conduct-money, &c. to have been both voluntary and necessary.
Nor is this reason of mayntaining the War any better as to the leg [...]ll, then as to the prudentiall part. The King (who hath power of making War and Peace, which both Houses, how [...]ll and free soever they are, have not) in never so just and necessary a War hath no legall power to leavy money to mayntain it, without consent in Parliament. But this War for which this Ordinance is made, is not onely as illegall as the Ordinance it self, (I can make no greater expression) but it is as ungrounded as it is illegall. They first make a necessity, that they may make a War; and then root up liberty and property, that they may continue it: Schisme, Pride, Faction, and Ambition, were the onely grounds; Feares and Jealousies were the onely pretences; and Misery, Slavery, and Desolation, are the onely effects, of that which now to petition against is become a crime.
And if I make this appeare to you, I doubt not, Sir, but you will then confesse, that not onely these illegall proceedings of theirs are not justified by the War, but that even the illegall pressures to which they have necessitated the King; (what Taxe soever He can have laid upon Oxfordshire, or my Lord of Newcastle upon Yorkeshire, or Sir Ralph Hopton upon the West) are to be imputed to the beginners of this Warre; and that both the plundring of Master Speaker of his Wine and his Battelaxe, and the plundering of Braineford, (which though it were done to a Towne taken by assault, yet for want of other instances is twice repeated) and the danger of London (which hee sayes was as neare to the state of Braineford, as Braineford is to London) is to be charg'd upon the same score. Let us consider the beginning of these distractions. When with so much difficulty, by so few voyces, that unexampled Declaration of the house of Commons had been spread among the people, which incited them against the establisht Lawes, and against the house of Lords, which would not alter what was establisht▪ And when the people, giving credit to their information, that there was no hope of happinesse for them without their concurrence, had (to the dishonour of Parliaments, and with the breach of the highest priviledges of that most honourable Court) come downe in Tumults to make them concurre; and by affronting and injuring some of the Members of both houses, so awed the rest, that the Army, if it had really beene brought up to London, could have done no more (though a meere discourse concerning that was voted to be Treason.) When all these Tumults (of which I speake the more knowingly, because I was then by accident in the court of Requests when the Rabble came up, and heard, no Bishops, no Bishops, cryed with that animosity and violence, that it rings still in my eares; and saw Sir John Strangewayes threatned as their enemy; and one (I think they called him Master Killigrew) laid hands on, and so much feare in the faces of some other Members, that I beleeve they hardly knew what they voted in a weeke after, and the next day saw Westminster Abby assaulted by the same Rabble) when these Tumults were not onely not punisht, nor the Authors enquired after nor so much as the complaints of the particular Members [Page 11] considered, but the Lords were twice refused to be joyn'd with in a Declaration against the like for the future, And this Rabble commended and stiled their friends by the most eminent Members in that House: When Justice Long was committed by the House of Commons for obeying a writ sent by direction of the Lords House, and sending a watch to guard them, and the Sheriffe forbid by the same House to proceed legally against a Riot in Southwarke, When this countenance to Riots, and discountenance of Law had made Tumults ordinary and familiar even at the Gates of White-hall and occasioned that accusation of the Lord Kimbolion; and the five Members which hath been since five hundred times repeated as the principall ground of Jealousie, (though they were accused in so legall a manner, as had beene formerly accepted by the House of Peeres in the Earle of Bristols Case: and though the King offered them so much satisfaction for it, that any private Christian that should refuse to receive it from his equall, were in no case to receive the communion.) Who ever after that saw the great Leavies of armed men in London, and the multitudes of people every day flocking to them from severall Countries, and the low condition the King then was in, removing from place to place, without the convenience of ordinary Accommodation, (some of His servants leaving Him, and others refusing to attend him) could not beleeve that He could then give them such a Terror, as no lesse then all the Castles and Forts of the Kingdome, and the sole disposall of the whole Militia could give them security enough against Him, who had not with, or neare Him, money enough to pay a man, nor powder enough to kill a bird; and could never have arrived at such a condition, as to be able to raise an Army, if the violence which hath beene since offered Him had not asisted Him. Nor were the Lords then so affraid of the King, or yet so afraid of the people, as to demand so unreasonable security; so that the House of Commons having twice in vaine attempted their consent, were faine to aske it of His Majestie alone. But when after the usuall Satellites came up to them with a Petition, seconded and countenanc't by the House of Commons, demanding those Lords names who refused to joyne; This Eloquence prevailed, or rather this Militia made the other passe; and in a few dayes (the King granting most, but not all they askt) the Lords (who were unwilling to put the people to the trouble of comm [...]ng again) joyned in Declaring (and were as good as their words) that if the King would not consent, they would put the Militia in execution without Him. Thus illegally was that Ordinance past both Houses, which would have been most illegall, however it had past. Thus was the Kings highest Right, His Negative voyce, and in the highest point (which alone enabled Him to defend the rest) forced from him. Thus was England put in Armes without his consent, whose Commission onely could legally warrant the least Assembly in that kinde▪ and a few Officers by his command in a peaceable manner, attending him at Kingstone for his security, was voted leavying of warre against himselfe; and this was the first beginning of this necessary warre, which now must make all things lawfull in order to that necessity: Whilest the King presses still his Message of the 20. of January, that he may but know what they would have, and is not thought worthy of an Answer. But to justifie their actions by their feares, Armies are daily threatned from beyond-Sea, (though they have laine wind-bound ever since) because all the world saw he had nothing in England he could fright them with; but still the lower he was, the higher they grew; and the more they contemne him, the more they feare him: Nothing that he can doe will satisfie them; Nothing that he can say shall satisfie the people, for they shall not be suffered to see it. Care is taken by order to the severall Burgesses, That all the Townes of England must [Page 12] hear of his comming to the house of Cōmons; and that in a manner in which he did no te [...]me. But his sorrow that he hath by this brok any Priviledge, his offers of satisfaction for it, and his Resolution both to observe & defend them all for the future; If this be printed and offered to be publisht, his Secretary must be questioned for sending it to the Sheriffs by his Majesties Command, and the Sheriffs forbid to publish it according to the Kings own Warrant, and sent for as Delinquents if they do. Would he have my Lord of Newcastle command his Town? he must not. Would he not have Sir Iohn Hotham command it? he must. Dares he not come to London? He must. Would he be wayted on in the Countrey by his meniall servants? he must not. Will he not choose such Officers and Counsellors as they will name, and displace such evill Counsellors as they cannot name? Then the prevalency of the Malignant Party is cryed out upon; his not encountring Colonell Burges and Captaine Venne in the head of their Mermidens, is called deserting his Parliament: The Rebellion of Ireland (which he had disarmed himselfe to resist) is laid to his charge, and his offer to venture his Royall Person against the Rebels there, is voted to be an encouragement to that Rebellion. If he deny or delay any thing they aske, though never so much in his power to grant or deny, a new Vote passes upon the Advisers, of being enemies to the State; and (having once found that Word to have great influence upon the people) whatsoever he sayes or does, he cannot but breake their Priviledges; and whatsoever they say or doe, they cannot breake his. And indeed their observing no Rule at all in their Votes, and the peoples readinesse to observe all their Votes as a Rule, had so hared him and all his servants, that I had rather be not onely Master Pym or Master Hampden, but Master Cromwell or Master Pury, then King of England, Scotland, France and Jreland, in so sad and distracted a condition. And I wonder not, when they asked him his Crowne in the Nineteene Propositions, that they thought they had made him weary enough of it, to part with it for asking. Still the Militia is every where press't and Sir Iohn Hotham having before pretended to keepe Hull for the King, now keepes the King out of Hull, though he offered to enter but with twenty servants; he is justified in it by the houses, and the houses slander themselves that they may justifie him, and acknowledge a direction they never gave. Upon this he takes to himselfe a much smaller Guard then they had daily kept together many moneths at Westminster, This is voted an intention to leavy Warre against his Parliament, and the Sheriffes are ordered to suppresse it. All this while (to prepare the people to suffer any wrong to be offered the King) the Presses and the Pulpits (the two seed-plots of this Warre) had swarmed daily with slanderous Invectives against his Majestie: (besides Declarations of a strange nature.) And if any grave pious Minister did write, preach, speake, or almost thinke for the King, he was accused by the factious part of his Parish before the Committee for scandalous Ministers, and their meere receiving and countenancing of such an Accusation, (though their leisure would not admit him to cleare himselfe before them) was enough to blast him with the people.
After this, all that could be taken of the Kings, or any of His Friends, Armes, Goods, Ships, any thing is good prize; and (as if the Maxime were inverted, and He now could receive no wrong, who was wont He could doe none) they proceed really against Him (though in pure civility they pas't no such Vote upon Him) as an enemy to the State. And at last, having protected all Delinquents against Him and the known Law, and voted all Delinquents who had refused to become so by submitting to their illegall commands: Though the King had for His Guard onely one Regiment of the Yorkeshire Trained-bands, and one Troope of [Page 13] Horse, Voluntiers, of the Gentlemen of that Country, And though the King never protected any man, till Sir John Hotham was denyed to be brought to a legall tryall; yet an Army is voted to be raised to defend them from the King and His Cavaliers, and to fetch up his Majesty and His fellow Delinquents. Yet to this Vote his Majestie opposes onely His owne Declaration, and that of the Lords with Him, (who saw best what was done towards it, being upon the place) that he had no such intention as was pretended; and till contributions were raised to raise men, He desired no contribution to be prepared by His friends for him; and till they had leavyed men, and mustered them in some number, He gave not out so much as one Commission to leavie a man; But then (not thinking it needfull to stay till my Lord of Essex should come and take Him En Cuerpo, that hee might satisfie the world how defensive the Warre was on His part) He grants out Commissions, but then grant not any to any Papists; and takes all possible care, and gives all possible Orders, that they entertaine no Souldiers of that Religion; yet these men (who well may couple Peace and Truth together, for their actions and words have a long time shewed that they love them alike) charge him to the people in daily Declarations with raising an Army of Papists against the Parliament; which makes it the lesse strange, if his Majestie since confented to have the assistance of some Papists, (for they are not so many as you thinke for) since Hee saw that without their assistance He could not avoyd all the scandall, which having it could produce, especially since He saw many of that Religion were entertained in their Army; (having taken at Edge-hill severall Wallons, English, and Irish, of that Religion, who confesse of many more:) And since He saw a great part of the rest to consist of another kinde of Recusants, which by the Law of this Kingdome not onely ought not to be armed in it, but not toremaine in it at all. Well, his Majestie is come to N [...]tt [...]ngham, and though He was confident the Commissions Hee had sent forth, would time [...]y enough bring him in a sufficient▪ Army to beate theirs; (as the event hath since shewed) yet preferring Peace even before Victory it selfe, Hee sent twice to desire it (I had almost said to petition for it) from both Houses: How it was received all the world knowes. After this he meets them, Hee fights with them, hee beats them, (of which the suffering their Ordnance to be taken away next morning before their faces, the quitting Banbury which they-came to relieve, and marching to London themselves in stead of bringing the King up thither, was so g [...]e [...]t a proofe, as farre outweighs the single assertion of my Lord Wharton, or my Lord Brooke to the contrary.) Hee is still constant to his Principles, and (though after a Victory) gives a quite other kinde of Answer to their Petition at Colebrooke, then they had done to his Message from Nottingham. VYhilest the Committee was with Him there, part of their Army marcheth out of London; That Hee might not be inclosed on all sides, hee marches to prepossesse Brain [...]ford, (but at the instant sends word of His march, and the reason of it to the Houses) He found them there, he beats them out; And if His intention had been to have marcht on and sacked London, what altered that intention? Could He thinke himselfe so much weaker by the losse of ten men, or them so much stronger by the losse of two of their best Regiments, besides their losse by water, as for that reason to change his minde? No: Assoone as He found Kingstone quitted behind Him before any approach or notice of any Forces of theirs, hee gives orders to march away. Hee againe and againe repeats his desire of Peace, which is so farre from being accepted, that the English Petitioners are threatned, hurt, and imprisoned, for desiring it too, and a Scots Army is invited to continue the VVarre. But I hope our brethren will remember that those against whom they are called, have paid and are to pay them more of the brotherly [Page 14] assistance then those that call them; and these men will finde themselves as much de received in their hopes of their owne forraigne Forces, as they were in their feare of the Kings, and that the Scots will stay till the Danes come.
To summe up this point, If to take away by force all the others just Rights, be to begin the VVarre, his Majestie is not the Aggressor: If to have a Guard first be the beginning of the VVarre, (as the Replyer pretends) certainly this Warre began at London, and not at Yorke; the first being raised by the power of a Committee, upon some thing (which after came to nothing) fetcht as farre off as Edenburgh: If the raising men first by Commissions were to begin it, it was begun there too: If the denying of Delinquents to be legally tryed were to begin it, London was the place, and Sir Iohn Hotham the per on, where and for whom it was first begun: If the eagernesse of continuing can shew who begun it, does not this Aversion from Peace declare sufficiently that they begun the VVarre, who now so carefully nurse their owne childe? And I suppose no indifferent person can thinke these visible Arguments confuted by the Replyers wonder, and his onely Arguments in the Reply to the contrary; which are a tale of a Papist in Yorke, that should say, Let the sword try it; (when it were little to any other purpose whether a Papist had said so, then to shew by the Kings backwardnesse to follow this Counsell, that the Counsels of Papists were more prevalent with the Parliament; then with Him;) And of Sir Francis Wortley's drawing his sword, and saying, VVho is for the King? VVhen it is well knowne at Yorke, that this was not said at all by him: and that what was said and done, was to a very Different end: But indeed upon such an information upon hearsay, (which Mr Rushworth brought from Yorke in short hand) Sir Francis was likely to have been accused of high Treason, but it being put off for that time, the truth was discovered, the Relater was ashamed, and Sir Francis Wortley never further accused for it.
Yet as little as he can say to prove the War begun on the Kings part, and as much as is said to prove the contrary, he hath the face to compare the Kings making Warre upon his Parliament to Sauls hunting of David, and that, as if the case were so exactly the same, that nothing but not having heard of the Bible could make us not know it. You took, I thank you Sir, very early care, that I should not be unacquainted with the Booke he speakes of, and I wonder not (knowing it so well as I doe) that he should be better able to justifie this Rebellion (though this case too differs wholly from that there quoted) out of Bodine, then out of the Bible. A Popish Author is fittest to justifie, that which hath been raised out of Popish Principles. But to returne to David; had he ever given Saul any cause to feare him by spreading Declarations, or raising and encouraging Tumults, against him and the established Lawes? Had he nothing to make him apprehend Saul, but meere feares and Jealousies? Did Saul attempt him with an Impeachment, or with a Javelin? And did hee ever offer after to quit him by a Bill? Did David upon his Apprehension seize the Citadell in Ierusalem and keep Saul out with armed men? Did he seize his Armes, Goods, and Ships, and then justifie the seisure by saying, Hee tooke from him not the Property, but the mischiefe? or fly into a remote Cave for security? Did he invade Sauls Priviledges, and deny him a Negative voyce? Did he pretend to command the Militia of all Israel without Sauls consent? Did he ever demand from him such nineteene Propositions, as the onely way to compose differences betweene them? Did hee raise an Armie to fetch those Evill Counsellours from about Saul who had perswaded him to seeke his life? Did hee pursue him with it, and give him battaile, and then charge the malignant Party about him, for going about to destroy him, by bringing him [Page 15] [...]etweene the two Armies, and so into the danger of that Destruction? Or did l [...]| [...]eart smite him for cutting but the lapp of his Garment? Did David ever reject such messages from Saul as that of the 20 of Ianuary, and those from Nottingham? Or did he [...]er imprison any of his followers for desiring an accommodation? Certainly who ever [...]ath read that story and seene this, will finde a wide difference betweene what the King [...]id, and what was done to him; and Sauls provocations of David, and Davids returns [...]owards Saul. And who ever had waited on the King this last yeare from place to place would easily conclude, whether he or the Parliament were hunted most like the Par [...]ridge.
Yet, Sir: I charge not the Parliament with this. The replier thinks not so well of, and wishes not so well to that honourable Assembly, as I doe: Nothing offends me more in the present Actions of the remaining part of the Parliament, then that by them they furnish those who wish Parliaments but ill, with Arguments to infuse into Princes an il Opinion of Parliaments, and furnish Princes with principles which with more pretence may be applied by them to the Destruction of their Subjects. Parliaments are indeed the Root of our propriety, and their genuine Priviledges are the Roote of Parliaments. But the Parliament consists of three estates, and for any two to deny the third his just Rights and Priviledges, and for one, or both, or a part of both or either, a Committee, to usurpe the rights and Priviledges which belong onely to the whole three, is the way to root up both priviledges, Property, Parliaments, and all; and to make the People more weary of their Physitians, then they were before of their diseases. Who knowes not that the House of commons consists of neere five hundred Members, and that usually fourescore is now counted a full House, and that of at any time they make one hundred and forty (as for a rare instance, the replier tels us of once or twice, and that onely by report) it is when the military Members are sent for up from the Army to pay their gratitude to their new profession by opposing of Peace? And that many of those, who are present do not beleeve themselves secured by their Army, though they are too much frighted to dare to complaine of feare? And can it be thought that so many persons of Honour, trusted by their country, would be absent from the service of it, if they thought the worke now in hand so necessary to the publique defence of Religion, Lawes, Liberty, Property, and Parliaments, and that the highest service they could doe them were to countenance the present cause with a full House, as they must do, if they were of the same opinions with the remaining Partie? and on the other side, if they be confessed to be of contrary opinions can it be thought, that so many as are able to make up a major part (for that is most true [...]ill as to the house of commons, though they have put out a great number, because their conscience bound them either to defend their King, or not to assist against him, and it is evidently true as to the House of Lords) would not have chosen rather to have stayed and hindered this warre, or yet to come up and compose it, by over voting the rest, if they had not knowne, or did not know, that then and now, the tumults, and the Redcoats had and will have the casting voyce in all such Debates? And if the example of Sir Sydney Mountague, by so much as the Replyer confesseth, did not shew them, that if they came not at all at a time, any single men that should refuse to sweare to assist them, in that which already by several Oaths they are bound to resist, and bei [...]g askt their reason, should say that which their absence hath exprest, beleive the statute of 25 Edw: 3. before some late ordinances, and call a Spade a Spade, and Treason Treason, they should but chang their places in the House for one in the Tower; since my Lord Kimbolton [Page 16] himselfe upon such an occasion could not save his uncle, though hee could his Father. And indeed who ever observes the differences betwixt the Actions of the Houses, will finde something to have interceded besides time, and that either they are not composed of the same men, or the same men have not the same freedome. In a fortnights space the Lords House twice denied to aske the Militia of the King, and declared that they would put it in execution without Him. In two months time the Lords House desired the House of Commons to joyne with them in a Declara [...]ion against tumults (with reasons expressing a great sence how scandalous it would be even to the past Lawes made by this Parliament, if such meetings were not supprest) and joyned with the House of Commons in a Declaration to His Majesty denying that there had been any tumults, and justifying those meetings which they had called so before, When His Majesty was going into Scotland▪ it is well knowne that the principall reason upon which both Houses pressed his stay, or to have a Custos Regni in his absence, was that without His authority concurring, mony could not be raised [...]n that time of extreme necessity: and yet it seems they have now discovered, that His absence From, is a desertion of His Parliament; and that This and necessity enables them by the fundamentall Lawes to impose levyes, and other Lawes upon his Subjects, without his consent, and contrary to his command: and that the case is now the same as in the minority of a King, though even then Sir Simon Dewes himselfe cannot produce one record, that ever such levie was made by both Houses alone, without the concurrence of the Royall assent by some Protectour. It is well known by the many long debates about it without prevailing, what little hopes at first appeared in the House of Commons, that the Bill against Bisho [...]s Roote and Branch, should passe in that House; that a clause to that purpose was dasht even out of their first Remonstrance, when the appeare not to have beene in any humour of complying beyond their ordinary inclinations▪ and how impossible it appeared for a long time after, that such a Bill should ever passe in the House of Peeres, not six Lords then appearing of that minde, and yet since a Declaration is past, and a Bill is passing both Houses to that purpose. They past a Bill upon my [...] of Strafford, of which the principall ground was, that he had said, that the King having endeavored to have the assistance of his Parliament in great necessity, and for the defence of Himselfe and Kingdome, and being deserted by them, was absolved from all the rules of governement: and yet since (as if his Iudges had beene his Successours, and had cut off his head onely to take out his princi [...]les) they upon the same pretences have absolved themselvs from all rules of obedience, and onely differ in not using the power they claim with the limitation he gave, that is Cand [...]de & Ca [...]te. Nor is this onely since an actuall Warre (though that being begun by them is no excuse) but when all was quiet, and no dangers but from fears, Mr. Hothams Letter (in answer to a complaint he expected from the inhabitants of Hull for some violent and illegall actions) was read and not reproved in the House of Commons, saying, that he hoped, since what hee did was in order to their commands, they would not stand upon the form [...]lities of Law and Lawyers.
Sir, it is true, those formalities are now wholly laid by, but till we shall returne to them, and by them to some knowne Rule, we shall have a most miserable form of Government. If we fight yet another yeare in this Kingdome, by that time this Kingdome will not bee worth the fighting for; And when those armies which shall have impoverished you by their [...]y, shall have kept the land from being tilled by their te [...]rour (for the Countryman will not sow what he cannot hope quietly to reap) as omnipotent as an ordinance is, it will not be able to forbid a famine, and to secure you from starving by the authority of [Page 17] both Houses: you may yet secure your selves if you please; make but good your Protestation; let [...]ot London help to undoe it selfe, and the Country, and the thing is done. Defend the Religion established Suffer not Alderman Pen [...]ington (so known a Brownist and des [...]iser of the Common-Prayer that the Replyer hath done his best to prove him none, when he hath been able to name one time in which hee could bring himselfe to endure to be present at some twenty lines of it in the House of Commons, as good an argument as he is a Major) to encourage [...]rabble of the same opinion whom I will name, when he names that new Truth which he would have joyned to our Peace) to suppresse That, and the Act of Parliament that appoints it Defend your Liberties, and suffer not a close Committee (for your last jour [...]all tells us, that such an excluding Committee there is, and that they commit men by their owne orders as Col [...]onell Bro [...]e for one, whether that be the same with the Committee for examinations is not much materiall, which by the course of Parliament can have no other course derived to it, then to consider and report; to imprison you by no Rule, but that of their discretions (which is more then they from whom they have their power have right to do) or suffer an Order o [...] the House of Commons to stop Habeas Corpusses, the Birth-right of every subject. Defend your Propriety, and suffer not the twentieth (for as much they will call the twentieth) part of your estates to bee taken from you, by so insufficient Authority, upon so invalid security, for so rebellious an end, as are an ordinance, publike Faith, and this present War. Defend the Privi [...]edges of Parliament, and His Majesties honour and rights, and joyne not to take away His Majesties negative voyce, by submitting to that authority, to exclude him as no part of the publike; by accepting of that security, to include him among the publike enemies, by contributing (beyond your abilities, and contrary to your Duties) to a Warre against him. Let not your mony and plate be turned into the price of the bloud of your fellow Subjects. Suffer not a few men to set a whole Kingdome on fire to roast their owne egges by it; at lea [...], become not you the incendiaries, by ministring fuell to this publike fire, which else must instantly goe out of it selfe; and give the King but what is his, and that you may keep what is your own. Who can secure you, that his Majesty may not prevail by force? And if he do (after so many desires of peace, and proffers of pardon) who can secure you from an offended P. and a victorious army, that your Citizens shall not be destroyed, and your City ashes? Who can secure you (who believe His Maiesties Protestations no better) that if he come once aga [...]ne to governe by the helpe of an army, that he may not be tempted to govern alwaies by one, and learn of you to declare necessi [...]e, and rule according to those principles, which you have taught Hi [...] to be lawfull by the fundamentall Lawes in times of Necessity, and acce [...]t of no security from future rebellions, but such as shall leave us none from future oppressions? Who can secure you, th [...]t if the Papists shall have assisted Him in the actuall recoverie of his Crowne by force, in so great an exigent, (and in so great numbers, as you would have us thinke they doe) that his gratitude to them may not be a temptation, to encline Him to such favours towards, and trust in them, as may in time be more prejudiciall to us and our Religion, then Hee may either discover or suspect? But who can give you hope if the Rebells prevaile, that the close Committee will bee ever content to be private men againe. That the Parliament shall not be everlasting, and their necessity, and your pressures as eve [...]lasting a [...] the Parliament; and that you shall not suffer more under the Tyranny of many th [...]n any one (how wittie and industrious soever in it) can inflict upon you? be [...]des the perp [...]tuall danger of warre from abroad (from the potent allies to the Crown who for the generall interest of Princes, and hope of particular advantages, will bee alwayes [Page 18] ready to assist the discontented partie here in the recoverie of the iust Rights of it for the King and his Posteritie) and of Schismes and Factions at home, and many other evills not to be particularly foreseene, which will undoubtedly arise from the totall alteration both of Church and State: whereas if such moderate and equall propositions shall be offered, as may and ought to produce a Peace, either they will be excepted, or refused. If they be refused, your cause will be mended, and your Power increased: if they be accepted, the Armies will be disbanded, poore Magna Charta (which hath of late beene so [...]u [...]ht betweene two supposed Necessities) will be againe in credit and estimation, and will be preserved in it by Trienniall Parliaments; and the people having now so full a s [...]nce of their Liberties. and His Maiesty having such experience, how much it endangers the Prerogati [...]e to encroach upon those Liberties, and being restored to that sweetnesse of honour and quiet, which no reasonable man thus warned, will endanger, and quit, for a possible encrease of unnecessary power, there wil be little cause to fear any slaverie for the future, and the King will have no more temptation or meanes, then I hope he hath will to oppresse us. Then the Papists (when Peace hath resetled the Lawes) will be disarmed by those Lawes to secure us from them for the present, and the Law (of which His Maiesty hath shewed himselfe so desirous) for the education of their children in the Protestant Religion, will (when it is past) secure us from them for the future: and then the Government of both Church and State being new setled in the old way, the King may againe be honoured, the Parliament againe respected, Ireland regained, and this Kingdome happy, Which. God of his mercy grant. Amen.
Sir,
I confesse, I have been transported into an unusuall stile, and lesse remembred to whom, then against whom I writ this. But I beseech you pardon me for it, since it is my affection to you, and desire to disengage so good a man from so ill a cause, that hath so transported me. Nor would I have hazarded your displeasure, and the losse I may sustaine by it, if I had not been far more concern'd to save your soule, then to inherit your estate. And so Sir, beseeching you to commond my duty to my Aunt, and God to have you both in his h
[...]ly protection, I remaine
A briefe Relation of the great Victory obtained by Sir RALPH HOPTON neare Bodmin, in the County of Cornwall, Ianua [...]y 19. Anno Dom. 1642.
AMongst those fortunate successes, wherewith Almighty God hath crowned His Majesties designes, for the redem [...]tion of his Church and State, from that calamitous condition, in which they have been plunged of late by some factious spirits, there is not any more remarka [...]le, then that which hath b [...]fallen Him in the Westerne parts. For if we looke upon the Theatre where this prize was played, it is a country most remot [...] from the power and presence of His Majesty, and therefore lesse provided of such help [...]s by which the sub [...]ects might receive encouragement in their faith and [...]oyalty. Next look we on the principa [...]l Actor, and we shall finde he was a stranger to the place, a man of no al [...]iance nor dependance th [...]re, and so by consequence of little power and estimation amongst that p [...]ople. In each regard we must acknowledge his successe, or rather His Majesties by him, to be more then ordinary; and that there is a speciall providence which guides His Maiesties affaires, even there where humane reason could conceive least hopes. We will not recap [...]tulate the storie of his carriage there since the first beginning, when he was forced to flye to Cornwall for his life and safety like one abandoned to all extremities [...]f ill fortune; nor make a generall muster of th [...]se happy accidents which gave him credit and authority amongst the natives of that Countrey, These have a long time been the subiects of our tongues and pens. The Argument of this relation shall be [...]hat notable and signall victory, which hee obtained against the Rebels not far from Bodmin, that being as the latest, so the greatest evidence of Gods blessing on him and his affections and fidelity to Gods anointed.
How after his retreate from Exeter he was pursued almost to the edge of Cornwall by the Rebels forces, and with what courage and felicity he made those flye before him, who had followed after him, hath formerly been imparted to the Court by letters of unquestioned credit, and from the Court communicated to the rest of the Kingdome. His purpose was to rest and refresh his souldiers till the spring came on: and would have sate downe quietly til then, if the unquiet nature of the Rebels, or rather their unlucky destinies would have given him leave. But they forgetting with what ill successe they had in vain attempted to cut him off in his march through Devonshire, gathered their scattered troops together, which they encreased by the accession of new forces; some from the Garrison at Plymmouth, some from other places til they had made themselvs so strong, as to adventure once more on their owne destruction. In the meane time, hee seeing how the clouds did begin to gather, and that some terible storme was like to fall upon him from the hills of Devonshire, thought it not fit to stay at Lanceston or Saltash, Townes on the very e [...]e of Cornewall, and therefore more in danger of the threatned tempest, but retreated towards Bodmin, being more in the middle of the County; and consequently farre more l [...]kely to afford him shelter, then the other, places. The fury of the storme might breake in so long a course; if not, he should be better fitted to withstand the violence.
[Page 20] Two things there were which gave him some apparent hopes, not onely that he might be able to make resistance, but presume of victory. The one was, that the Rebels as they marched through the Country, committed such intollerable out rages and rapines, th [...] [...]ll the people of those parts who were fit for Armes, came freely to him, and offered [...]m their [...]blest service, that by his conduct and command they might reprive themselves [...] so [...] deaths as did daily threaten them. There is a London Pamphlet which [...] last weeke, The Kingdomes Int [...]lligence, I suppose they call it; wherein it is a [...]d [...] certain, (and who is of so little faith as to thinke the contrary) that the Cor [...] men being weary of Hoptons government, had craved the Earle of Stamford to pro [...] them against his Forces; and that the Earle consenting to their just desires, had so dist [...]essed the man both by Land and by Sea, that there was no possiblity for him to escape. if he should attempt it. How impudent a tale this is, need not hee [...]e be told? It is enough to say it came from London, where there is coyning every day of these foolish [...]tions, though of nothing else. But loosers must have leave to talke, there's a proverbe for it. The other of those happy accidents, which advanced his hopes, was that whilest he provided for the entertainment of such troublesome guests, a fleete of forty saile of ships were driven by weather and good fortune within the Ordinance and command of Pend [...]nnis Castle, then and before that long, in his possession. These ships being bound for London, and the two Houses of Parliament, he stayed and seized on, and tooke their lading into the Castle: in which he found some store of Armes: and such a liberall stocke of ready mony, as did not only serve to pay his Souldiers the Arrears then doe, but encourage them to stand stoutly to him, by giving them a fort-nights pay before hand, to their content. There was no need to bid his Soldiers work [...] out their owne safety, when once they were assured of so good a Pay-master; or to perswade his men to stand bravely to it, when they perceived they should not sell their lives for nothing. The victory must need [...] be cleare, and eminent, when not God onely, but his enemies did contribute towards it.
Tuesday the 17. of this Month was that luckie day in which the lading of these ships was brought in by Sir N. Slaning and the soldiers satisfied. And the next day, Colonell Ru [...]hen who hither to had kept a garrison in Plimmouth, by the appointment and command of the two Houses of Parliament, drew up his forces towards L [...]stithell, ten miles from Bodmin: and thence, as if he had waited a convenient time to ruine both himselfe & all his followers, he sent a challenge to Sir Ralph Hopton to meet him the next day being thursday, and to commit the point which was then in difference unto the issue of a battaile. The place designed for this great triall, was in the middle way betwixt Lestithell & Bodwin, where they might meet on equall termes, and so fight it out. Sir Ralph who knew his owne advantages, did willingly accept of the invitation▪ and very early on Thursday morning marched unto the place, where he expected the approach of his daring enemies on a little hill upon the brow whereof he had planted six good peice of Ordinance, and by advantage of the ground had so hid his men, that those who did appeare were not held considerable. What his whole number was is not yet made knowne. The Army of the enemy consisted of 4000 men, conducted by a man much spoken of for his abilities in the art of war, and one thought himselfe much wronged in that he had so weake an adversary to encounter with. For thinking the Kings Army to be all in sight he fooled himselfe into a false conceit of an easie victory; and ranne so fast upon the sp [...] on the hopes therof, that unawares he came within the reach of Hoptons C [...]he p [...] ed so fast upon him with all care and diligence, that he retreated with more hast then he came upon him:
[Page 22] Sir Ralph perceiving their retreat, fell furiously upon their horse, which he charged in [...]reate, and routed them with little labour, b [...]ing before disordered by the Cannon.
By this time Ruthens foot were got into a lane which they were to passe, the horse comming after in the rear: who were so closely followed by the conquering army, that [...]ey had no other way to save themselves, then by riding over their owne men, whom they killed most miserably. Sir Ralph pursuing his good fortune, not onely drave them to, but out of Lestithell, and there took all their carriages and money, and a thousand [...]mes, which they had throwne away as heavie lu [...]gage, unusefull unto those who resolved to flye and trust unto their legs, since their hands failed them. It is most credibly [...]ported, that the Rebels lost three parts of their armie, of which 200 only were taken prisoner; the rest being killed either in the battell, or the chase. And of the Prisoners those of speciall note were Sir Shelson Colmadam (the Knight of the hard name as they [...]se to call him) one of the Pophams, together with Sirode of Strete, and Pine of Somer [...]shire; which two his Majestie hath excepted (amongst others) out of his generall [...]don for that County: and as he hath attached them without a Sergeant, so he may [...]arrantably proceed against them without breach of priviledge. Some other Gentlemen of qualitie were then taken also, whose names as yet are not come unto us: and it is [...]id that Ruthen was himselfe either killed, or taken: but this is built upon report only, and not yet signified by letters.
Whether the Earle of Stamford were there in person, is not yet ass [...]red: but s [...]re it is that he was present there in his power and forces; the certainty whereof appeares by some particulars▪ which are these that follow. For upon friday, being the morrow after this famous victory, newes came to Exeter, that the Earle of Stamford had lost [...]500 foot, 300 of his horse, and 3 pieces of Ordnance, requiring some supplies from thence with all speed that might be; and the next day there was an hundred foot sent towards him, as part of those supplies which he had required from t [...]at City, which though they were many as the Towne could possibly provide in so short a warning most of the [...]r men being gone before in pursuit of Sir Ralph Hopton, when he re [...]re [...]ted from that City:) yet were not many enough; as the case then stood, to be a gu [...]rd unto [...]s p [...]rson in that desperate exigent. And it was generally said, that some of tho [...]e his [...]de, and sacrilegious Souldiers, who had so more then barbarously demeaned th [...]mselves in the Church of Taun [...]on, were the first men that were cut off in the day of battell wherein tis pitty that they were no better followed, by him who should have punished such a misbehaviour. The story is, that upon Thursd [...]y, being Twelfth Eve, the Earle of Stamfords Chaplain, a vitious and sed [...]t [...]u [...] fellow preached a Sermon like himself in the Church of Taunton, which was no sooner done, (as he, and such a [...], he have most excellent ar [...]s to inflame the p [...]ople) but presently the souldiers [...]u [...]ed into the Chancell, where they brake downe an Organ which the Parish had set up of late, at no lesse charges then the summe of 400l. That done they went next to the Reading pew, where they found the book of Common Prayer: which though they spared, I know not upon what notion, yet they thought fit to purge the same of some unnecessary prayers, those namely for the King, the Queene, the royall Issue, and the Bishops, We see by this what [...] that greeves them, and that they will not be content with defacing Churches, or destroying Bishops, as long as there is King or Queene to controll their insolencies, and any of the Royall issue, left to revenge those injuries, which with such bold pretence [...] are committed against sacred Majestie. But this is somewhat from my purp [...]se, I rather [Page 22] should have noted Gods most righteous judgement, in bringing those unchristian sacrilegious wretches to such a speedy execution, and hastning them to their destruction, when in all likeliehood they tooke most delight in such a special peece of service.
But to go on, the newes of this defeat fell very heavy on all those, who either have their hands or hearts in this Rebellion. One writes from Exeter, unto a zealous Minister in Somersetshire, in these words that follow: ‘There is very sad newes come hither▪ God hath not blest us in this expedition into Cornwall, most o [...] our forces are cutt of [...] There are some Achans amongst us not yet discovered. We desire you would double your prayers for us; there never was more need. Farewell.’ Never was truth more fully spoken, where it was lesse me [...]nt. There are indeed to many Achans; he saith true in that, (for Achans sinne wee know was the sinne of Sacriledge) and those not yet so perfectly discovered, as it is wished they were. Till they be rooted out there is no peace for Israel. Another writes from Dorchester to a friend in London, ‘That a poste came from Exeter thither with a letter to Sir Walter Earle, bringing intelligence that Sir Ralph Hopton had cut off 1500 of the Parliament Forces, and tooke many prisoners, which had put that towne into great sadnesse,’ I must needs say the gentleman to whom this letter came, was most fitly chosen, to be the man that should receive the first intelligence of that heavy accident. Hee may new set himselfe on worke in finding out some notable peece of treason against Colonell Ruthen, and the Earle of Stamford, whereby they came to be defeated by so weake an enemy: having so fine a faculty in disc [...]v [...]ring of treasons which never were intended against the State. Seriously to conclude this busines, although it be not known at how deare a price, His Majesties Army bought so great a victory, yet it is hoped that it was purchased at an easie rate, because there is no mention in those letters which came from Exeter and Dorchester, or those dispatched unto the Court of any losse that did befall them: Not that wee thinke so great a victory could be obtained against an Army of the Rebels, but with expence and losse of some faithfull Subjectis but that the losse was inconsiderable both for the number and quality of those happy soules who gladly sacrificed their lives for their King and Country. The like successe God send His Majestie in His enterprises, til these disturbers of his peace be all rooted out. And that no hand be left to hold a sword against HIM.