KING CHARLES VINDICATED, And THE PEOPLE, And THE ARMY, ADMONISHED.
IMPRINTED, Anno Domini 1648.
Matter of Law delivered by the JUDGES At the Arraignment of the Earle of ESSEX. •
1. For Subjects to put themselves into such a strength that the King cannot Resist them,
and to compell him to govern otherwise then according to His own Royall authority,
and Direction, is manifest Rebellion. ,
and • 2. The Deposing, and Murdering of the King, is a consequent in every Rebellion:
The Rebell not suffering the King to Live, or Reigne, that may punish him for his
Rebellion.
At the Arraignment of Sir Christopher Blunt, and Master Cuffe. • 1. The Subject that Rebelleth, or Riseth in forceable manner to overrule the Royall
will, and power of the King, intendeth to deprive the King, both of Crowne, and Life:
And the Law Judgeth not the Fact by the intent; but the intent by the Fact. ,
and • 2. If many doe Conspire to execute Treason against the Prince in one manner, and some
of them doe execute it in another manner, yet their Act (though different in the manner)
is the Act of all that conspire, by Reason of the Generall Malice of the intent.
TO passe by the two Bills brought into the House of Commons, for taking away Bishops root and branch, Two Bills about Bishops and the Militia Husb. pag 251.543. and for taking the Militia from the King, and setling it in other hands. (Both which Bills were rejected in a full and free Convention of Parliament) Also to passe by [Page 2]the Tumults raised in December and January 1641, For reviving and carrying on the Bils before rejected, Tumults in Jan. & Decemb. 1641 by driving away the dissenting Members, and new moulding the two Houses of parliament.
The beginning of the Warre betweene the King, and a party of the Lords and Commons in Parliament.
A party of the House of Competition for the Militia The remaining Party of the Knights, Citizens and Burgesses of the house of Commons possessed with feares and jealousies of a Designe to destroy the Parliament and Kingdome, petition his Majestie that hee would be pleased forthwith to put the Tower of London, and all other Forts, and the whole Militia of the Kingdome, into the hands of such persons as shall be recommended by them, January 28. And the same petition to His Majesty is renewed by the remaining party of the Lords and Commons at Westminster, February 2.
Their Ordinance, for setling the Militia.Also they tender to His Majesty an Ordinance for setling the power of the Militia in the two Houses of Parliament, February 24.
The King his feares and jealousies.Which Petition and Ordinance begot in His Majesty also feares and jealousies, of a Designe against Himselfe, and against the Crown, to take away his rights, and to alter the fundamentall Lawes, and Government of the Kingdome, as appeares by His answer, January 28.
The Kings condesentions, touching the Forts and Castles.Neverthelesse (to comply with them) His Majesty promised, that the Forts and Castles should alwaies bee in such hands, (and only such) as the Parliament may safely confide in, January 28.
The Tower of London.Also his Majestie accepted of Sir John Conniers to be Lieutenant of the Tower of London, in place of Sir John Biron, February 11.
The Militia of the Kingdome.Lastly, he accepted of the Lievtenants, by them nominated, to be intrusted with the Militia of the Counties, and offered to grant them Commissions, and Powers, as he had done this Parliament to some Lords Lieutenants by their advice; promising also to continue the same so long as there should bee cause, February 28.
But they are now heerewith satisfied; and they inforce their Petition, March 1. And set forth a Declaration of the grounds of their Feares and Jealousies, March 9. And they Resolve,Their vote for setling the Militia. and Vote, That in case of extreame danger, (as at this time) and upon his Majesties Refusall, the two Houses of Parliament have power to Order the Militia of the Kingdome; and the Ordinance agreed on by both Houses for the Militia, doth oblige the People, and ought to be obeyed, by the fundamentall Lawes of the Land, March 15.
The Kings farther compliance with them 1642.Now (in farther compliance) his Majesty condiscended, That as the Militia was disposed according to their desires, So it should not be executed without their advice, Aprill 28.
And then also he granted the same for the Corporations, which hee had done formerly concerning the Counties.
But nor doth this satisfie them: and secure they cannot bee (in their own opinion) unlesse they have the sole power of disposing and executing the Militia without the King. Nor unlesse they have the Navie Royall also, which they seized, and disposed of, March 28.
They seize the Navy Royall. Note. Jer. 27.9.Now whether those Lords and Commons did put themselves into the Strength of the Kingdome, to prepare against Danger, or for a Designe, the consequents must shew: preceding Actions of this nature (by reason of the deceivablenesse of the heart of man) being not to be rightly understood, but by the subsequent Managements.
And in their deportment afterward, I finde more of confidence then of feare, more of audaciousnesse against the King than of solicitousnesse for the Kingdome; and endeavour rather to subvert and destroy, than to preserve and maintaine, the Fundamentall Constitution and Government of the Kingdome and Parliament.
Their deportment towards the King. Sir John Hotham.Sir John Hotham keeps the King out of Hull. Aprill 23. and the two Houses justisie his traiterous Act, Aprill 28. I call it A Traiterous Act, because to hold a Fort or Castle against the King, is to leavy War against the King: which is High Treason by the Statute of 25. Edw. 3.
Not long after,Mr. Martin. Mr. Martin sayes openly in the house of [Page 4]Commons, and unreproved, that the Kings Office is forfeitable, and that the happinesse of this Kingdome did not depend upon his Majesty, or any of the Royall Branches of that Root.
Sir Hen. Ludlow.And Sir Henry Ludlow, that he was not worthy to be King of England; which doubtlesse was the sence of the Parliament; for May 26. both Houses declare, That they should not want duty ormodesty if they followed the highest presidents of other Parliaments: that is,Of deposing and murdering the King. if they should depose and murder the King, as other unparraleld Parliaments had done, Edward and Richard both the Second.
They declare against the kings negative Vote. The Crown it selfe cannot escape them. For in the same Declaration, they deny the Kings Negative Vote in Parliament.
And to deprive the King and Crown of their power, not only in Law making, Their Propositions destructive of Monarchy. but also in Governing, June 2. They offer to his Majesty Propositions destructive of Regality and Monarchy, viz. For the two houses of Parliament.
1. To nominate the Lords of the Privy Councell, and all the great Officers and Ministers of State, and the chiefe Judges of the Land.
2. To reforme Church-government, and the Liturgy as they shall thinke fit; and to call, and consult with Divines to that purpose.
3. To dispose and execute the Militia of the Kingdome, according to their Ordinance.
4. To approve those to whom the Command and Custody of the Forts and Castles shall bee committed.
5. To Admit such Peeres as shall bee made hereafter, to sit and vote in Parliament.
And June 10. They sent forth Propositions for bringing in Plate and money, and raising an Army, To make good what they had taken from, Why those Lords & Com. tooke up Arms and declared against, and proposed to his Majesty; viz. To keepe the Forts and Castles, and the Militia and Navy from Him; and to take from him, & from the Crown, the Power of Law making, and governing, the Church and State: and to depose, and to destroy him; and to root out his Posterity, together with Monarchy.
And is not this by force of Armes to shake off the yoake of subjection, and to Rebell?
Whereupon, June 16. His Majesty in like manner published Propositions to his Subjects for bringing in Money and Plate,Why the King tooke up Arms. The kings War vindicatory and defensory. to raise an Army, for recovering the Forts, Castles, Militia, and Navy; and for maintaining and defending his Negative Vote, and the Power of the Crown, in Law-making and Governing; and for defence and preservation of his Royall Person, Dignity, and Posterity.
And is not this to take up Armes for suppressing Rebellion?
I know there were severall other Propositions offered to his Majesty before and since the War; but I omit them,The other Propositions why omitted. because themselves doe not finally insist on them.
And now what those Lords and Commons declared and proposed from the beginning, Against the King, and against the Crown the same in every particular doe they propose and demand at this day: as appeares by the new Propositions of Peace, Their Propositions at present are the very same as formerly; & so the grounds and ends of their War are the same, Dec. 1647. and the four Bils sent to his Majesty at Carisbrook Castle, which we had not known but by the Answer of the Scots Commissioners; and they tell us,
1. That the Preface compared with other parts of the Propositions, takes away the Kings Negative Voice, and cuts off all Royall Power and Right in Law-making.
2. That they divest the King, his Posterity and the Crowne for ever of all Power and Right of the Militia.
3. That they deprive the King of conferring Titles of Honour, and of disposing of the great Officers of State, and the naming of Privy Counselours
4. that they take away the Court of wards, and Forrest Lands from his Maiesty.
5. That the Four Bils were as followeth,
I. For setling The Militia of England and Ireland in both Houses of Parliament, and for raising Money for Maintainance of Forces at Sea and Land, by the two Houses of Parliament.
[Page 6] II. For justifying the Proceedings of Parliament in the late War.
III. That all Peeres lately made, or to be made hereafter shall not sit or vote in Parliament, but by the consent of the two Houses
IV. That the two Houses shall have power to adjourne at pleasure.
And, that these their Propositions conteine the ends for which at first they engaged in this Warre, and which they have fought for, and for which so much Blood hath beene shed, themselves tell us plainly, in their Declaration concerning the Scots Papers pag. 6. 20. 28.
They Justify the Kings WarAnd doth not this justify the King and his party, their cause, and Warre, for vindicating, and maintaining the Respestive Powers, and Rights, of the Crown.
Their proceedings relating to his Majesties Person.Their Proceeding also at present, (Relating to his Majesties Person) are according to their above-mentioned Speeches and Declarations.
For, as when at first his Majesty put himselfe into their hands, they restrained him at New-castle, and Holmby; so now, upon refusing their foure Bills, have they strictly imprisoned him at Carisbrooke Castle; Their resolution to settle th [...] Government without and against the King They prosecute the King and his posterity in order to the overthrow of Monarchy. and never was a King of England imprisoned by His Subjects, but he was deposed and murthered. In Order whereunto they passed these Votes, of making no more Addresse to the King, nor receiving any Message from Him, January 1. And they have set forth a Declaration expressing the Reasons of those Votes, February 11. And the Army are resolved to live and die with them, In maintenance of those votes, and in setling their designed Government without the King, and against Him, January 9. And though they seeme at present to prosecute the King upon emergent provocations, (that he made Warre against them, that Hee would not assent to their Propositians,) Yet from Mr. Martins Speech and Sir Henry Ludlows, and from the Declaration of the two Houses of Parliament (before Armes were taken up, and before any Propositians sent to the King) it appeares that from the beginning they had a designe against His Majesty; and what was spoken and [Page 7]declared then, is agitated and pursued now, (as then) meerely in Order to their great Designe against Royalty, and against Monarchy.
In order whereunto they declare now against the Kings Family and posterity, also, who cannot bee (if His Majesty were) guilty of any thing in relation to the Warre, or to the Propositions.
Usurpers ever Murtherers.But Vsurpers are ever Murderers, 2. Reg. 11.1. & Matth. 21.38, 39, &c.
And doth not this justify the King and his party, their cause and Warre, for preservation of His Royall Person, and Posterity?
The Renewing of the Warre on behalfe of his Majesty, against those Rebellious Lords and Commons.
The grounds of renewing the war at present.NO marvell then, if at present the warre be renewed on behalfe of his Majesty upon the same Reasons and grounds, that himselfe at first undertooke it: (viz.) For recovering the Forts and Castles, and the Militia, and the Navy, taken and detained from his Majesty, and for defending, and maintaining the Kings negative vote, and the power of the King and Crowne, in Law making and governing; and for delivering his Majesty out of prison; and for preserving the Royall Posterity.
1. By Forraign Princes and States.And for those reasons 'tis likely, that other Princes and States will engage for the King, who cannot but be sensible of these Insolencies upon his sacred Person, and of the bold attempts made against the Crown, and of the horrid designes against the Royall Progeny.
2. By his Majesties Loyall Subjects.And now that they are visibly acting, and compleating their traitrous, and rebellious designes, upon the King, and against the Crowne; how should all his Majesties Loyall Subjects rowse, and arme themselves, for the reskue of the King, and of the Crowne; being bound by the Oath of Alegeance, to beare [Page 8]faith, and true Alegiance to his Majesty, his heires and successors, and him and them to defend to the utmost of their power, against all conspiracies and attempts whatsoever, which shall bee made against his, or their persons, their Crown and dignity.
An Admonition to the People.
And how should the abused, and misled People of the Kingdom, be enraged against you,3. By the misled People of the Kingdome. who under the pretence of preventing a present Danger, have wound yourselves into the chiefe power, and Government of the Kingdome. And under the specious pretences of fighting for Religion, and Liberty ingaged them in the maintenance of their usurpation, and made them instrumentall to promote Rebellion And by meanes of the late War have brought grievous, and unsupportable calamities upon them, especially decay of trade, Cattle, & husbandry, whereby many thousand Families are reduced to extreame beggery, and the whole Kingdome (at this day) languisheth under a dearth and scarciety.
And considering their protestation, and the nationall Covenant how should they endeavour to bring to condigne punishment, those Pests of the Common-Wealth, who have not only themselves done contrary to those Oathes, but have forced others also to doe the like in all things concerning the King, His Person, His honour, His Estate, His authority, His just power, and His greatnesse; which they Covenanted should not been="*" For why? Crimen laese vel Dom [...]natae Majestatis, is high Treason. diminished: and so through their distoyalty, and perjury, are like to involve us in new difficulties, and inextricable, unexpressible, unconceivable troubles and mischiefes.
Lastly, I finde by the Scots papers aforesaid, that the Contrivers of the new Propositions, demand of His Majesty an establishment of the Army by Law; and that the Subjects should bee oblieged by Law for ever; to submit to a military power, and pay what moneyes shall bee imposed for their maintenance: And so wee shall bee commanded by an everlasting Army, as wee are to bee Governed by an everlasting Parliament.
Why the Army engage against the King.And hence is it, I believe that the Army are offended with [Page 9]his Majesty; and because he would not establish them, therfore will they establish a government without him.
How the King hath especially oblieged his Subjects.And hence are his Subjects more especially bound to his Majesty, who hath preferred their liberty to his own safety.
But why must the Army, and pay for the Army, bee established? because that rebellion cannot bee upheld but by force and oppression.Rebellion and Oppression go together.
By trampling on the subject, they clime up into the throne.At first, they became Rebells and Tyrants together; when (by vote) they settled the Militia in themselves and required the Subjects to obey them, and by usurping upon our persons, and estates, have they maintained that usurpation against the King to this day: and so long as their rebellion lasts, will they expect to be supplyed by us. Hence they endeavour to make good their late proceedings by a subsequent Act, as appeareth by the second Bill presented at Carisbrooke, to his Majestie.
Ours cannot be the Kings Redemption and Restitution.Nor is there any hope of ours; but by the Kings redemption; nor of ours, but with his restitution; which let us endeavour speedily, and vigorously, as on behalfe of his Majesty so for our owne ease and liberty.
The unworby and unwise dealing of those that engage against the King.How unworthily then doe they deale with the King who engage with the Army, that engaged against the King because he would not betray our liberty? and how unwifely doe they deale engaging to maintaine this rebellion, which cannot be, but by continuing and encreasing their owne oppression, by the Parliament and by the Army.
How much rather (for their owne sake) should they presse, and enforce his Majesties returne to his Parliament, and to his government; that so they and wee may bee delivered from the Tyrany, of our grand Seniors and their Janizaries.
The neere Relations be tweene the King, and the Kingdome, and their mutuall sufferings.I shall conclude with what the house of Commons gave Mr. Pym in charge to deliver upon the prosecution of the Bill of attainder against the Ea. of Strafford: The King and his people are obliged one to another in the neerest relations: he is the father, he is the husband of the Common wealth: they have the same interests; they are inseparable in their condition, be it good or bad: [...] [Page 8] [...] [Page 9] [Page 10]he is the Head, they are the body: there is such an incorporation as cannot be dissolved without the destruction of both.
An admonition to the Army.
Feare the Lord and the King, and meddle not with them that are given to change; for their calamities shall rise suddenly, and who knoweth the ruine of them both? Prov. 24.21.22.
Peruse over all bookes, Records, and Histories, and you shall finde it a principle in Law, a Rule in reason, and a tryall in experience, that Treason doth ever produce fatall and finall destruction to the offender, and never attaines to the desired end (two incidents inseperable thereunto.) Cook 3. pars instit. P. 36.
And in case of Treason, felony, and breach of peace, there is no priviledge of parliament. Cook 4. part Instit. 25.
Stand in awe, and sinne not 4. Psa. 4.