The Constant Man's Character. Intended to be sent first as a LETTER FROM A Gentleman in the Country, to a Gentleman his esteemed Friend and Coun­tryman, a Member of the House of Commons.

Since inlarged into a DISCOURSE by way of humble ADVICE to keep him from Re­volting, either directly or collaterally by the side-winde of be­ing Presbyterially affected, through the mistaken and unhappy conceit, That those who have taken the Covenant, cannot without breach of the same, assent and submit unto the late proceedings of the Parliament, when as the parts of the Covenant seem to be inconsistent within themselves, as the Author's Observations here discoursed do manifest.

The Scope whereof is 1 Historically to set down the Occasion and Beginnings of the War.
2 To shew That the Parliament had no intention to leavy a War.
3 That the Book called [...] is probably none of the King's.
4 To prove the fitness and necessity (as matters now stand) of com­plying with, and submitting unto this present Government. For the Powers that be are Ordained of God, Rom. 13.

Together With some Animadversions incident hereunto on the same Book, and on the two Declarations, intituled The Decla­rations of the Lords and Commons assembled in Parliament at OXFORD.

The One touching a Treaty for Peace,
Printed there, 1643.
Other concerning their Endeavors for Peace.

Printed at London for Giles Calvert at the Black Spread-Eagle, neer the West End of Pauls. 1649.

Reader,

THis Letter, rather this Narra­tion, is founded on a Discourse had betwixt two Gentlemen; the one unto whom it was written, having the abler parts of Wit and Speech: the other, the Writer, having the juster cause, or at least he judged it so; the weakness of whose judg­ment may indeed be an Objection against the credit of the Work, there being three means onely whereby to discern and report a Truth, Judgment, Knowledg, Conscience; the two first (Judgment, Knowledg in State-affairs) the Author may be defective in the strength thereof; notwithstanding, in that he is neither engaged against the one, nor obliged to the other Party, other wise then by a common du­ty, his judgment may seem the more right and clear by reason his Obligations are the less, [Page] wherefore that which may be said in his be­half is, That the Conscience and upright Truth, by which he hath measured what he hath written, is free from Faction or Partiality. The danger where­unto a Writer in Divided and Seditious Times exposeth himself, is known unto all men; when whatsoever is received with Applause or Liking by the one, is therefore rejected with Despight and Scorn by the other side. The Promise and See the Protestation taken, May, 1641. where the Prote­stors Vow by all good wayes and means to bring to condigne Pu­nishment all such as shal by Force, Practice, Councels, Plots and Conspiracies, or otherwise do any thing to the contrary in this Pro­testation; and further that he shall in all iust ways endeavour to preserve the Ʋnion and Peace betwixt the three Kingdoms, &c. Protestation made to Endeavour by all just ways, out-weighs the Danger. In this Discourse he arrogates nothing to himself, but an even and true delivery of what he hath observed and is well known, much less doth he think his strength or skill, enough to help either side to Victory: but according to his weak and spent abilities to endeavour the restoring the three Nations to their former Peace, their mutual Interests and Rights, unto which the only and next way is, to deliver and uprightly to set down the truth. A more able Pen-man may shew it more excellently, None can shew a more excellent way.

The Constant Man's Character.

SIR,

I Know not how this Discourse may re­lish, assure your self, sent from the hand and heart of him who loves and ho­nours you; howbeit wise men leaning on their own wisdoms, and sacrificing too much peradventure to their own Net, commonly neither need nor care for the affecti­ons of their weaker friends. What I am in relation un­to you, or in the rank of them, is known to those who know us both; what in my self, I am conscious of wanting Experience and Learning to derive any knowledg from antiquated Times or Histories, for the fashioning this into an elegant and polite work, but in a downright way to fall on, familiarly and plainly to set down the beginnings and first entrance into this present War; which when it first broke out, that the Gentlemen of this County did declare themselves un­to what Party they would adhere, Two eminent Leaders on the Parliaments side, Sir R. C. and your self, out-weighing, as we judged, so many more of the opposite Party, did seem to joyn and go one way for the Priviledges of that Court, and the Subject's Liberties; The infringing which, added to some late Jealousies, was the first Ascent to these Divisions; how, [Page 2] and by what degrees it went higher, follows in this Discourse. In your resenting which, He as a Member of the House, You as a Patriot of the Country, We could not think Ye did it in a light, Factious or Sediti­ous way, but as having seriously weighed, and by your Readings even before and since the beginning of this War known, That the Institution of Parliaments was had and made by an Ancient, Necessary, and wholsome Law, That the Power, Priviledges, and Authority thereof were to be kept inviolable and entire, That as to this present Parliament, the King Himself in See His Answer to a Declaration from both Houses in May 1642. His Answer to a Declaration sent Him from both Houses of Lords and Commons, doth confess and allow Them a full and juridicall power to judg and determine the most doubtfull, high and weightiest Crimes and Causes, although He seems to limit it by particular Cases, & regularly brought before them; acknowledging withall (together with the See the De­claration of the Lords & Commons assembled in Parliament (as they cal­led it) at Oxford, 1643. Pa. 12. Lords and Commons assembled at Oxford) The Priviledg of Parliament to be so substantiall and en­tire a Right, that the Invasion of the Liberties of either House, is an Injury to the other, and to the whole Kingdom. In severall His Messages returned unto their Propositi­ons, He repeats and confirms the same judgment of their full and ample Power, being legally summoned, and By a Law consented unto by Him in full Parliament, not to be dissolved, unless by their own consent. Notwith­standing which, several attempts of force and violence were offered, as far as His Party's Power could extend it self, to the dissolving it, by contending to divide and scatter Them, accusing the remaining part of the Members sitting in the House of being Rebels, so being divided, to account no other of the Parliament at Westminster, then He doth of the Parliament in Scot­land, [Page 3] In His Declaration concerning His Pro­ceedings with His Subjects of Scotland, since the Pa­cification in the Camp neer Ber­wick, printed 1640. pa. 38. The divided Members of that distracted Parlia­mentary Body remaining at Edenburgh. So that as to the Parliament of England, it must be confessed, that He meant not what He expressed in allowing that Lati­tude of Power, or that His Party hath since prevailed with Him to renounce that judgment which He de­clared to have had of Them, That the contentions at the first sitting of the House were, upon the point, a­bout matters of Fact, what things were done, what at­tempted to be done, how the King and His Ministers of Justice had demeaned themselves since the begin­ning of His Raign, how many Oppressions of severall kindes had been offered by them, how they had of­fended against the Known and Fundamentall Laws in an Arbitrary way of Government; The Question then tacitely disputed in all mens hearts, betwixt Those who would that He should go on to do what He pleased, and Those who contended to have Him govern according to the Laws, Whether there were any Power in being to emulate and check a King's, except a Par­liaments? That this Parliament in contending to main­tain the one against the other, was interrupted and op­posed, and as the Scots aver, See the Scots Re­monstrance, 1640. cited by M. Tho. May, in his History of the Parlia­ment of England, written 1647. For no other reason cal­led, then to give the King relief and ayd against their com­ming into England; on which grounds they sent to the Parliament of England a Justification of their pro­ceedings, intreating Them to be wary in vindicating their own Laws and Liberties, to frustrate the Designs of those Evill Counsellours, who had procured this Parliament for no other end, then to arm the King with warlike sup­plyes against His Scottish Subjects, and by that War to en­slave, if not to ruine both Nations. That after many vio­lations and dissolutions of Parliaments in England, This [Page 4] was not to redress Grievances, but to be so over-reached, if They were not carefull and couragious, that no possibility should be left for the future redressing any; That so dan­gerous Practices might be well suspected, when at the same time a Parliament was denyed to Scotland, although pro­mised on the word of a King, granted to England when not expected, and obtruded upon Ireland when not desired. The Rise of all which was from the Anger which the Scots knew the King conceived against them for some particular acts of theirs, charged with disloyalty: as That they refused and declared (amongst other mat­ters) against His Messages sent them to receive the Service Book obtruded on them; for which, as for Vindicating themselves from the like charged Disloy­alties, they were Accused by the King to have wrote a Cited and complained of by the King in the same Declaration against His Scottish Subjects, for inviting Forreign Powers into this Kingdom Pag. 56, 57. See the Letter it self in the same Declaration, Signed by seven of the principall of the Nobility of Scotland. Letter to the King of France, imploring His Protection, as wea­ry of their Obedience to their own King. For which disloyall Letter (as it was termed) a chief The Lord Louden. See in his An­swer his pru­dent excuse. Peer of theirs was imprisoned, and condemned to die; That the Pacifi­cation had and made to take away all differences past, and which might ensue betwixt the King, the English and the Scots, by the prudent and joynt advice of a se­lect Committee of English and Scottish Lords, as to remove all jealousies betwixt both Nations, was soon after it was made, scorned and slighted: The Scots then complaining in their Informations made unto the See the same Book. English their Friends and Brethren, of many injuries they had received since the Pacification made, and contrary to that Agreement, This the Condition then [Page 5] of the Scots: These the very words of their Remon­strance, That the Vnion and Brotherly League entered in­to by both Nations, was in the King's Indignation no other­wise construed then an Invitati­on in the One, and Invasion of See the King's accompt of them, how in the [...] He keeps it in me­mory, That they were the first that began His troubles, in the Treatise of His leaving Ox­ford, and going to the Scots, and elswhere in severall places of that Book. Also in the Declaration printed on the King's behalf at Oxford, 1643. Page 23. Suggesting an intent in them to confound the Govern­ment, and alter the Laws of England, p. 28. The Marquesse of Montrosse declareth how they began His Troubles (viz.) by dispersing their Apologeticall Pamphlets, as he terms them, through great Brittain, before the troubles began, and before their coming with an Army into England. See a Book entituled, The History of His Majesty's Affairs under the Conduct of the Marquesse in the yeers 1644, 1645, 1646. Page 3. Forreigners in the other Nati­on; and howsoever the Charge in the seven Articles exhibited a­gainst the six Members of both Houses was laid to those few only, yet probably it had reached many other of the English Nation, had not the first assault of Violence in the King's Party miscarryed as it did. So many sad and direfull notes could not but portend a War against one, or both Na­tions, as Time and Opportuni­ty should best serve to manage the Design in hand, or else the Parliament knowing themselves to be a free and full Convention, in all parts a Parliament, both in the Substance and Form (Sum­moned by the King's Writ to meet, &c.) as in the Circum­stance of Time and Place, must submit to the Will and Plea­sure of an Amongst other motives to His anger, a­bout the E. of Strafford's death, which whe­ther He would have avenged on the Party who condemned him, may be guessed at, in that He, or an unknown Author in His name, severall times repents the injustice of that act, How Himself was forced to yeeld complyance: for which sin, as He mentions it, He and His Kingdoms have felt long, great, and heavy troubles. See the same Book, in the Treatise concerning the E. of Strafford: and the Marq. of Montrosse his Declaration, set forth 1649. aggravating the same, to incense the King and His Party against the Scots, expressing in it their disloyall practices, breach of Duty, Covenants, calling them Traytors, &c. incensed King: So to be Dissolved or Awed at pleasure, or to have Boundaries put upon their Acts and Coun­sels by such as they knew to be corrupt, and would have re­moved [Page 6] from the King, To the end His Throne might be established: That in this agony and doubt, whether They should Submit, Desist, or Act according to their Trust, they thought it neerly land necessarily concer­ned them to provide for the publique welfare, for their own and the Kingdoms safety, some of their Mem­bers being impeached and charged, two King­doms provoked and menaced, the See the King's gratefull acknowledg­ment of the affection and loyalty of His I­rish Subjects, in offering to supply Him with Preparations, &c. together with their Persons and Estates, even to the uttermost of their ability, to reduce His dis-affected Subjects of Scotland to their obedience; desiring withall, It may be recorded as an Ordinance of Parliament, and to be printed as a testi­mony of their Loyalty to all the world, and to succeeding ages; which could not but stir up the Scots to seek protection and assi­stance from their fellow-Subjects and Friends wheresoever; whom the King call­ed His dis-affected Subjects, and how He doth secern them from the rest, is hard to judg; when as the whole and most consi­derable part of that Kingdom did by their Pacts and Counsels at their Assemblies held, withstand and resolve to withstand di­vers of His Messages, obtruding on them such matters as made against the Peace of their Church and Kingdom. See His De­claration since the Pacification. Page 63. third also likely to bear a part in the broyls of the o­ther two, the King Himself jea­lous and displeased to see the Parliament, then at distance with Him in transaction of matters concerning the three Kingdoms, Petitioned and Ap­pealed unto (termed in an en­vious and scornfull way by some of His Party, Omnipotent; Others murmuringly upbraid­ing that it was Idolized) Him­self as it were neglected and left out, none or seldom Ad­dresses made to Him. So the Parliament had a narrow path to tread between their hopes to regain the King's lost Favour, after many evidences of His Anger poured forth, and their hazarding the ruine of those Princi­ples which by their Duty and Covenant they were to assert and defend: What those Principles were, fol­lows in this Discourse; if rightly cast up, but two in chief, The securing the Protestant Religion, the Primū quae­rite, The preserving the Laws and Peace, Suprema Lex, salus Populi. the chiefest [Page 7] Law, the Peoples Safety: The other Principles are subservient onely, and fall in by complication and dependency upon those two, as the means unto the end. Lastly, Sir, That this Parliament thus acting, You strenuously argued, as knowing well that their Cause was just, their War Defensive, when ano­ther Mr. Denz. Hollis his Speech, June 1642. Gentleman of the like abilities with you, had in an excellent Speech delivered to that purpose, That there was a succession of Designes to interrupt it; as first by awing and taking away the Freedom of it by an Army: then, actually assaulting it, and with the Sword to cut asunder the onely Nerves which strengthens and knits to­gether the King and People, the People amongst themselves, and the whole frame of Government in one firm and in­dissoluble knot of Peace and Ʋnity. That the Parliaments taking up Arms was to defend onely, to repell the force and violence practised by a few of the King's side at first, afterwards to provide against the mischief which His party heightened through Rage against the Parliament, pretence of Loyalty towards the King, might several ways intend. That the Parliaments re­sisting His and His Party's attempts, was, as you then judged and discoursed, for no other end, then to main­tain their own just Priviledges, in order to the Main­tenance of the Laws and Liberties of their fellow Subjects: That they did not intend an offensive War, the consequences whereof, as of all Civil Discords, could not but prove calamitous and sad, the event and period as fatall and uncertain, when as besides the two Parties immediately engaged each against the other, a middle and Neutrall part, although wiser in their own eyes then their Fellow Subjects, worse (as well in the See the De­claration of the Lords and Com­mons assem­bled at Ox­ford, Printed there, pag. 26, 27. King's Parties Accompt as in the Parlia­ments) [Page 8] would fall in, more to be shunned then a moderate Enemy. That it being presumed the aim and councels of the Parliament and all men else being for Peace and Justice, a War once waged would hin­der and destroy their ayms, and produce more over­tures for discord, more fresh supplies for quarrelling; in the prosecuting which, many unexpected chances would fall out to increase the discord, as in the contro­versies between man and man, he who hath not been so forward and visibly active for the side unto which he doth adhere, shall be traduced and accused by him that loves him not, for a Neutrall or an Enemy. That amidst their hopes of Conquering, there would not be wanting discontented and seditious humours, even out of their own Party, to traduce and calumniate their proceedings, if not consonant to their particular humours and phantasies; That those humours would be fed and animated by the first and common Enemy on purpose to divide and weaken the prevailing Power: That divers other Consequences likely to re­sult from War, would prove harsh and irksom to a People born and governed under Laws and Peace, as that the Souldiery and prevailing power, knowing their own opportunity and strength, would be apt to intermeddle with private Interests, to the perverting Justice and trampling down the Laws, which in a time of Peace distributes to every man his just right, so that thereby the People would not only want the blessing of Peace, but grow subject to the oppression, char­ges and injuries incident to a War. The Parliament could not but foresee that in case a War were to be waged, their own Countrymen, the English (both Of­ficers and Common Souldiers) must fight it out: For­reigners, [Page 9] Souldiers of Fortune when they have gained, will desist their undertakings and be gone. That the English were unaccustomed to war, therefore not fit for the Discipline and managing thereof, through an easie and soft way of breeding not able to endure the hardship and duties of a War, howbeit experience hath otherwise proved it. That the English Gallantry and their courage, un-acquainted with the conditions of a Warfare and the temper requisite to a Souldier, might make them upon every discontent as apt to mu­tiny and resist, as fight; for he is not always the best Souldier who hath most courage, unless he hath tem­per withall to yeeld obedience to the commands of his Superiours. The Parliament could not but be sen­sible withall of the troubled condition of their fel­low Subjects, that the apprehension of Engaging would carry with it a sad aspect, all men unwilling to, and wary how they did Engage. That the engaging Parties on either side when they see the face of War inevitably approaching would for their better strength and Union betake themselves to what Policy, Pacts and Leagues they could, Defensive and Offensive, as to binde themselves and friends by Vow and Cove­nant; which being to consist of severall Heads and Parts, could not be so exactly and entirely framed, but might admit of a doubtfull sense, how to be be obser­ved, how to be understood, in part or in the whole, so consequently divide the Covenanters within them­selves. They could not but withall know, that which side soever should prevail, both sides would be loosers, the King and Kingdom vast See it reci­ted in the Declaration Printed at Oxford 1643 pag. 13. sufferers in the loss; as they in an humble & dutiful Message, although contrari­wise interpreted, did in the sadness of their hearts fore­tell [Page 10] the King. That in this War, the prevailing power would be to seek (to carry an even and well tempered hand) how to deal with the vanquished their own Country-men and mistaken fellow-Subjects (for 'twas a Mis-understanding which first made the rent, Scorn to acknowledge and retract their Errour, widened and continued it) for if they did inflict too heavy a punish­ment, either pecuniary by Mulct or corporall by Im­prisonment, 'twould seem unjust and harsh from the Conquerour being of their own Nation, and keep off the hopes of reconcilement and re-union: if too gentle and remiss, 'twould leave and allow the Con­quered a Power & means of recovering their strength again. So that the War, from revenge on the one or from hopes on the other side, would continue till all were lost, or the Conquered perchance become the Conquerours. That there would not want Plots and Stratagems to interrupt and destroy their hopes of pre­vailing and success, as, whilest they sate solicitous and intentive to their Councels, there would be offered to them Forreign Tenders from abroad, private Addres­ses here at home, all from the same dis-affected and troubled Fountain, in matters concerning which they haply might have neither Power nor Connuzance, to take up their thoughts and divert their Councels, to retard and hinder their success. That, above all, in the doubtfull events of War, as it was likely to fall out betwixt Persons offending on the one part hating to be Reformed, and a Court of Parliament on the other Edw. 3. cap. 25. chosen and set apart to redress Grievances in a Common-wealth, Offenders would apply themselves for refuge to the King a Supream power, which if He did protect ( Mr. John Heywood on the life of Hen. 4. ma­king thereby the Offenders faults His own) would [Page 11] without dispute revert to His Dishonour, and conse­quently beget a Jealousie and Difference betwixt Him and His People; which if the Parliament should take ill His protecting them, there would issue a Con­test preparatory to a War; Thence if the King en­gaged and the Parliament resist or fight, They could not hope if they were subdued, to avoid the Charge of High-Treason, nor think it an easie thing in the first beginnings of their strength, to prove Conque­rours over a King seated a long time in an Ancient Monarchy, invested with many advantages of Power and guarded with Courtiers, Friends of all sorts, Ser­vants, Favourites, all of which had their Retinue also and Train of Friends to assist, in case of needing such. That if the Parliament, notwithstanding, should pre­vail, they would and must to keep up their Power, lay Taxes and Payments on the People, who when the War did but seem, or was neer at an end, their Com­plaints would be, and they repiningly murmure [The War is ended, the Taxes and Payments yet continued] not considering, That it is of as great concernment to keep as to gain a Victory, when as the Parlia­ment in case of their prevailing were to weigh with­all the Doubts and Dangers attending them, the Care Jealousie and Fears, which no men but would avoid the troubles of, and such as They must be subject to untill a Conquest fully had: the Cares against the sur­prisall and Treacheries of their Enemy, the Jealousie of Friends proving false or falling off, the Fears of loosing what they should gain, all these being pas­sive, more pensive and anxious, then the Hopes of the Adverse Part, Fears more deeply seizing and dis­quieting the Conquerour's Spirits (especially whilest [Page 12] their Victory is accompanied with study and thoughts of mercy towards the Conquered) Hopes in the van­quished being more bold and active, raising thoughts working still how to recover what they have lost, That Forreign Enemies as well as home-bred are to be provided against, Nor foreseeing the danger which might befal in case the Enemy should regain a Power. That a Conquerour would be held at the best but an usurper for the time. That all Disasters and Evils happening, whether as Judgments from above, as Sickness, Famine and the like, whether Oppressions and wrong doings here on earth, what Enormities and Errours committed or suffered either in Church or State, all to be laid to the charge of the present Power, which governs and rules no better in the Peoples ac­count and murmurings. That thence they reckon all the Disasters of the War to flow, not looking on the first Occasion and Authors of the War, That when a Victory shall be gained which Victoria naturâ inso­len [...] & super­ba est. Cicero. naturally is proud and insolent, and by Pride comes Contentions, Emu­lations and Variances in Actions as well as in Opini­ons, the Conquerour's strength would be thereby weakened, and thence in danger to be lost. That un­till a compleat and totall Conquest made, which could not be without much pressure and heavy suffer­ings on the vanquished, without charge and payments laid on all, Enemies, Friends (Enemies in being Fined for their Delinquency, Friends burthened by reason of their Expence and charge in the Publique Service) an Army was to be continued and maintained to prevent Insurrections here at home, Inroads and Invasions from abroad. That an Army was to consist of mul­titudes of Souldiers, those multitudes would have [Page 13] their severall humours and opinions tending to Divi­sion, consequently to the destruction and ruin of the whole. That without an extraordinaty care to please and satisfie them in their demands, there would be Mutinying, Revolting and Inconstancy in the common Souldiery, for want of judgement to discern for what they fought. That there are to be Agents and Of­ficers belonging to and providing for an Army, Re­ceivers, Expenditors, Treasurers, others too many to be here recited, who in troubled Waters will bring into their private Banck what is to be raised for the Publique use, or at least the People jealous will surmise as much, and that the War and Calamities thereof are protracted through their corruption and privy gain­ings. That if the Conquerour's Power shall at any time abate, before a full and totall Conquest made, he will be to seek what course to take to increase it again: Forcing and Impressing men to fight in a Cause so intricate (as unto some it seemed then, and for a long time controverted as this hath been) will prove harsh and irksom, and will meet with resistance in a People made and born free. That in the Confusions of a Civil war many Dissen­tions and Emulations upon true or misapprehended grounds would fall out amongst the Orders and Ranks of men, to disturb and overthrow the Degrees and Dependencies each on other according to their several & respective Qualities, which the Parliament could not but foresee, and therefore in their Prudence and for the maintenance of the Peace and Vnity, would at­tempt nothing to the begetting such Strifes or Disor­ders in a Comonwealth. Amongst the rest, That Divi­sions and Envyings would in all likelyhood happen [Page 14] through a Misconceiving, that between the Gentry and Nobility on the one side being in the next ranke unto the King, and therefore likely to adhere to Him, and the Commonalty on the other, sticking fast to their native Liber­ties which the King had of late encroached upon, not sparing the other's also, an Emulation might or would be kindled by the Common Enemy to beget an univer­sall Distraction and Division between two great Bodies (the Gentry and Nobility on the One, and the Commonalty on the Other side) before a deliberate & true examining the misunderstanding, which the heat of War would scarce give leave unto, should set it aright.

These Reasons throughly weighted could not but induce the Parliament to decline a war, yea deter Them from leavying one: These might withall, together with many more which might be added hereunto, imprint in you and in all men else, who shall impartially look into the beginnings and progress of this War, an undoubted knowledge of the Parliaments just Actings, and these Reasons of Fore-sight together with what hath past, might satisfie all knowing and discerning men, that if the Parliament did intend to levy a War against the King's Evill Counsellours, the Kingdome's K. James his Speech in Parliament, 1609. Pests and Vipers rather Then they would be born down in their just defence, They did not in­tend to leavy one against the King, who had as many Freinds to adhere unto, as the Parliament had Enemies of many sorts, Offenders, Interested and obnoxious persons to confront and oppose them. But. I may spare the pains of setting forth what your own Pru­dence hath foreseen, and your Actions have thitherto directed you.

[Page 15] For Sir R. C. his sake and yours, rather through the same motions of Conscience, Judgement, many o­ther Gentlemen of quality did take part with ye. Be­fore and after his untimely death you carried us on in an active constancy, challenging about seven years since, (when the King began to make Oxford a Garri­son) some Travellers of His Party and enquiring whether they went, they confessed to Oxford, and their errand, You roughly replied ['Twas they and such as they that did take part with the King against His Parlia­ment and People,] [That they did magnifie the King, &c. to beget and foment a War.] A little before, you with many other Gentlemen of the three neighbouring Counties, did enter into an Association for a joyntly defending one another. If the Enemy shall prevail, whether it will be Treason for what is past, or made so for the time to come, I argue not, but remember well how criminall and Traiterous the King's Friends have reported it. About six years since, the Enemy grow­ing powerfull in these parts, and Bristoll being gained by Him, you lived within His Quarters, bound by strong obligation not to depart but to be limited to a Summons. The King soon after He had taken that City, came thither to compose the difference between Prince Rupert and the Earl of Hartford about the Governourship of that Place, He had then amongst other things, a survey of the Gentlemen dwelling neer and their affections, casting and examining with His Friends there who might be for, who against Him; some of His Courtiers undertook for this, some for that Gentleman and Neighbour. A great Courtier a Friend of yours undertook or moved His Majestie on your behalf, whereunto the King having been belike [Page 16] possessed before with an ill opinion of you, replied with harsh and disgracefull words, as I have credibly heard, against your person; which 'tis presumed He could not charge you with, from any immediate or neer notice He had of you, but as you were represent­ed unto Him by some who loved you not. He never­theless, whether out of His indulgence to gain you un­to His Party or to Try you after, when He had made sure His Conquest, your name being in the Catalogue of this County Rebels, the Lent As­sizes appoin­ted to be held at Tewksbury, April 11. 1643. Time and Place appoin­ted for your Tryall, was content to preserve you from being undone being then at His mercy: What use might be made of His sparing you, you knew best. Two yeers after, Bristoll was got from Him, much of which service attributed unto you, with some other Gentlemen of the Neighbourhood, leading up the Countrymen unto the Siege thereof, the Lord Gene­rall then and afterwards giving you applause for that your aid. About three years since, you caused divers Meetings to be had in severall Towns neer unto us, where the Countrymen were summoned to declare what Arms they had, whatsoever the pretence was in looking into the Book, which the Parishioners do keep for such their Poor as are relievable by a Sta­tute-Law, and taking care for them, examining the estates of such as were of ability to relieve the Poor, of such as were fit and best able to be at the charge of Arms for the repulsing Souldiers, in case they came on the sudden to quarter below-hill or to do other vio­lence, then to return up hill to their friends who might assist them (such was the condition of these and the adjacent parts, where Parties were scattered up and down, the Parliament having friends in these inclosed [Page 17] and nearer Parts, the King in the Champeign, and not far distant from us) yet you, my self, and the Country­men, knew we had another and more uniform aym of preventing sudden incursions, which the King's Party (many of them being Gentlemen and well horsed) might offer unto our Neighbours. Not long after, you were chosen to be our Knight for the County, in the competition of which place, my self, your servant, was sedulous and successfull to take off all blemishes then thrown on you by those who laboured as much to fill the County-Court with the noyse of your being for the King. Soon after that, you were challenged by a Sir J. H. fellow-Member sitting in the House of Parliament, to be within one of the Qualifications which renders men Delinquents; Notwithstanding which, you Sate, Voted, and were Trusted in the House; At severall meetings you enforced such Arguments against the King's Party, and for the Parliaments, You have them yet in your breast, and can deal at single hand with any of the opposite Party, if affection, importunity, and often dropping strange inventions into your ears shall not misleade you, that you satisfied the hearers, and even convinced them, had they been convincible. Since that, upon the newly hatched, and easie to be reconciled Difference between the Presbyterian and Independent, you received a Letter from your above­named Servant, mentioning the probability of the Ar­mies advance in or about July was twelve moneth, to­wards London, in that Letter setting forth, That neither of those two Tenents of Presbyterian, Independent, had taken as yet such root, as to beget a quarrell, to the over­throw of both upon their Conquering, which I rather think to be an event of their good success, then from [Page 18] any self-wilfull-humour, many of them on either part being sober and discerning Gentlemen, and if through­ly weighed, what is like to be the issue of this new sub­division? That for the dissentings sake of three or four Gentlemen (you will not grant that there are ma­ny whom you think to have been forward to lead on a Party) for whose known valour, whose many conti­nued and successfull atchievements in this War, bring­ing yee to this plenitude of Power, you may easily dis­pence with them for one puny error in Opinion, that I say the People must embroyl in a second War, about tearms meerly notionall, about opinions strange and unknown to them: In the first War they knew for whom they fought (for the King, or for the Parlia­ment) about a Form of Government, which hath not, nor can take deep root, untill the War, which con­founds & overthrows all Government, be ended. The direct and certain Issue in the Tryall of the Conten­tion was, Whether the King having by His Creatures actu­ally invaded the Subject's Liberties (the other differences in Church and State are collaterall, accidentally emer­gent out of the grand Difference about the first and more principall, the Subject's Liberty:) The Court of Parliament should sit as Scepticks, to look on only, without purposing, or endeavouring to redress the same, or to be confined in their Councels, as their Enemies should prescribe, or, the extreamest of all, so driven to new Councels, to extraordinary high and severe proceed­ings, to seldom practised and unheard of courses, the passages and quality of the Persons with whom they had to deal, being weighed withall, as where the Dis­ease is imminently dangerous, the mischief desperate, the Cure must be answerable, or the whole Body [Page 19] perish for want of a timely and prudent remedy to be applyed. Your actions, Sir, if rigid and severe, as to your Enemies, if variable and uncertain, as to your selves, may in these streights and exigencies whereun­to Ye are driven and forced for safety, be dispensed with. It seems to fare with Ye, as with Seafaring men in a boysterous storm, who are feign to steer their ves­sell which way they may best secure their Fraught and Charge, sometimes Northerly, sometimes plain North, sometimes Northwest, sometimes Northeast, sometimes plain South, sometimes North again, so from one cross point to another, having still the Har­bour and End of their voyage in their eye; So with Ye, encountring with such uncertainty and variety of oppositions from your Enemies (yet all meeting in one Center, to the subversion of your Power and strength) such Non-conformity and Dissention, even amongst your selves and friends, that ye cannot as yet act with­in a direct, certain, and constant compass, to please all Lookers on, yet your aym and end may be one and the same, the supreamest Law, the Peoples Nulla tam sancta Lex est, quam non op­porteat, si sa­lus Populi po­stulet, urgeat­que necessi­tas, muta [...]. Bodin. lib. 4. de Repub. Safety. Where­in, if ye shall fayl, or not able to make good your un­dertakings, We know by a seven years since experi­ence, how barbarously and cruelly your Enemies ma­lice did shew it self against ye, as being Rebels, in case they shall recover their Power again, how a desperate revenge added to, will second their first and furious cruelty, and to crown their glory, as for the better exalting their pretence, they shall impute it unto Gods justice, saying [It is the Lords doing, it may be his suf­fering it through your Divisions, and it is marvellous in our eys that he hath wrested the Sword out of our Ene­mies hands, and put it into ours, for no man they will [Page 20] say can think that Rebellion shall for ever pass unpu­nished] Then when they have regained their Power, they will not want Arguments from their own, as from a Neutrall part siding with them upon their con­quering, to bring whom they please within the com­pass of Treason and Rebellion, and to make your See your Remon­strance, 1647. Per­sons and your Acts their sport and scorn, those Pro­clamations of the King's, lately proscribing and accu­sing many of both Houses of Parliament guilty of High Treason, with other Edicts of His, to be revived, those Sentences and Judgments seriously denounced against Them and their Proceedings, the Scoffs and Flouts jestingly passed on ye and your Friends, to be re­counted, and by the Wit and Power of your Ad­versaries made good against ye, when ye have lost your Power.

These stout and circumspect wayes of yours are most remembred, and deeplyest lodged in their brests who speak least of them : I am only the Remem­brancer, and cannot believe it to be a defection and falling off, as that you think the Parliament and their strength too weak to protect their Members, therefore to forsake it. Your Power is visible yet, your strength not shortned; the great difficulties, the fierce conflicts which ye have wrestled with, the revolting of your Friends, the multiformity of Opinions amongst your selves, might have abated your success, and weakened your strength, had not an Almighty hand supported ye amongst those difficulties. Never so many Strata­gems, Policies, and Falshoods practised by an Enemy to impair your strength, to advance their own, but that the God of Truth hath discomfited and dispelled them all. In which, whether He hath done it in fa­vour [Page 21] to the justice of your Cause, or in His foreknow­ledg of their malice, to be avenged, if they could have got the upper hand, I leave it to the judgment of the cryed up [...]. p 263 Author, who hath more fitly observed That Gods wise Providence often permits what his revealed word approves not, then he hath suited his resembling your Successes to prosperous windes filling the Sayls of Pyrates, to justifie their Piracy, when as the giving or denying Victory and Courage in the day of Battell, is a more immediate and effectuall work of Gods Almighty Power, acting and taking an especiall care in disposing the affairs of War.

To proceed, and shew how petty a difference there is betwixt those two Tenents, is easie for any man who shall enquire into the quality of either, of what growth, settlement, or extent they are; The one (the Presbyte­rian) not ripe enough as yet to be established, neither the times now fit to entertain a fixt or established form of Government to binde all sorts of men: Many having been left at liberty, whether they have or will take the Covenant, many who have taken it, thinking themselves not obliged forthwith, and in all parts to keep it, having for some cause discovered since their taking, set it aside: The other (the Independent) a seeming, rather then a certain abdication, or a totall renouncing all Government, or for ever. The Lord Generall and his Army (called Independents, but why, let them that call them so answer for it) have solemn­ly In their Remon­strance, da­ted Novem. 1648. pag. 6 declared against such Disorder, and Non-Govern­ment. The Independent Party, as they are called, may haply desire to shake off that heavy yoke of Govern­ment, which grown through the corruption of Man­ners, and indulgency of Times into Abuse, Exorbi­tancy, [Page 22] and Oppressings, doth gall and heavily press their fellow Subjects necks, not by an easie or ordinary course to be taken off. The Contention, indeed, betwixt those two, Presbyterian, Independent, grow­ing as before observed, through the pride of conquer­ing, or cunningly contrived by their common enemy, on purpose by dividing to overcome them both.

The difference in dispute is not in Opinion but in Fact, as (amongst other things) unto whose charge the deluge of Blood spilt in this war is to be laid? Ye have declared That it is to be laid at the King His Parties doors, particularly the bloodguilty and horrid act of hindring the relief of Ireland, where­by thousands of his Protestant Subjects have been slain, which holdes the three heretofore united King­doms, in a languishing and mournful Estate, even at this day, the one divided against the other, and the People of all three despairing to enjoy their former Peace, ye instancing First In His sparingly and too late proclaiming their enemies, Rebels, when the Rebellion first broke out, by signing Commissions to the chief Actors in the Rebellion. The Parliaments Commissioners at the See the Objections and Answers at large in the relation of the passages at the meeting at Ʋxbridg 1644. printed then at Oxford. Treaty of Ʋxbridg urging be­sides, His disapproving the sub­scriptions of the Adventurers and Officers of the Army employed for the relief of his Protestant Subjects there, by means whereof the course intended was then diverted, His making a Cessation with the Rebels, which had it not been made in the time of their greatest wants, and the Forces employed against them not drawn off, they might in probability have been ere this subdued, and the war even finished, in stead thereof it is protracted. That Kingdom having been by [Page 23] the prowess and wisdom of His Hen. 2. Q Eliz. Predecessors kept entire, united unto and a The Law Book cases give the reason why the bringing counterfeit mony into England out of Ireland, is but Misprision of Treason, although the bringers know and ut­ter it. Quia Hibernia est membrum Angliae, Dalton, Justice of Peace in cap. de High Treason. Member of this State of England, is by His and His Party's strength abetting it, put into a Condition and even invited to invade and conquer This. That the Commissioners sent by the two Houses of Parlia­ment, for the better supply and encouragement of the Army in that Kingdom, were discoun­tenanced and commanded from the Councel there, where the prosecution of the war was to be managed: and By whose Authority and Command was all this done? The House of Lords and Commons in the debate with the King about the affaires of Ireland, sent His Majesty word, that His message then sent to Them, where­in He chargeth Them with false pretences, and a purpose in Them to divert large summes of money collected from the English, from the proper use to which it was intended, was an high breach of the Priviledge of Parliament, and upon that occasion They declare many particulars of their care for the relief of Ireland, and the King's hindring it. Those par­ticulars there expressed are as followeth, They declare That this bloudy Rebellion was first vaised by the same Coun­cells that had before brought two Armies within the bowels of this Kingdom, and two protestant Nations ready to welter in each others bloud, which were both defrayed a long time at the charge of the poor Commons of England, and quietly at last disbanded by God's blessing on the Parliaments endea­vours. That this designe failing, the same wicked Councels who had caused that impious war, raised this barbarous Re­bellion in Ireland, and recommended the suppressing there­of (for the better colour) to the Parliaments care, who out [Page 24] of a fellow-feeling of the unspeakable miseries of their Pro­testant Brethren there (not suspecting this horrid Plot, now too apparent) did cheerfully undertake that great work, and do really intend and endeavour to settle the Protestant Re­ligion, and a permanent Peace in that Realm to the Glory of God, the honor and profit of His Majesty, and security of His three Kingdoms. But how they have been discouraged, retarded and diverted in and from this pious and glorious work, by those trayterous Councels about his Majesty, will appear by these particulars. They there mention the sending over at first of twenty thousand pounds by the Par­liament, and that good way found out to reduce Ireland by the Adventure of private men, without charging the Sub­ject in general, which would probably have brought in a million of money, had the King continued in or neer London, and not by leaving His Parliament, and making war upon it, so intimidated and discouraged the adventurers, and others who would have adventured, that that good Bill is rendred in a manner ineffectuall. They mention that when at the sole charge of the Adventurers, five thousand foot, and five hundred horse were designed for the relief of Munster, under the Command of an English Lord, and no­thing was wanting but a Commission to inable him for the service, such was the power of wicked Councel, that no Commission could be obtained from the King, by reason whereof Lymrick was wholy lost, and the Province of Mun­ster since in very great distress. That when wel-affected per­sons at their own charge by way of Adventure had prepa­red twelve Ships and Pinaces, with a thousand Land Forces for the service of Ireland, desiring nothing but a Commis­sion from His Majesty, that Commission, after twice sending to York for it, and the ships lying ready to set sail three weeks together, at the charge of neer three hundred pounds [Page 25] a day, was likewise denied, and those Adventurers (rather then to lose their Expedition) were constrained to go by vertue of an Ordinance of both Houses of Parliament. That although the Lords lustices of Ireland earnestly desired to have two Pieces of Battery sent over, as necessary for that service, yet such commands were given to the Officers of the Tower, That none of the King's Ordnance must be sent to save His Kingdom. That a prime Engineer and Quar­termaster-General of the Army in Ireland, and in actual em­ployment there against the Rebels, was called away from that important service by express command from the King, That a Captain, Controller of the Artillery, a man in pay and prin­cipally employed and trusted here by the Lord Lieutenant of Ireland, for providing and ordering the Trayn of Ar­tillery, which was to be sent to Dublin, and who had re­ceived great summes of money for that purpose, was com­manded from that employment and trust, to serve the King in this unnatural war against His Parliament, and when the Parliament had provided six hundred suits of Clothes for present relief of the poor Souldiers in Ireland, and sent them towards Chester, the Waggoners that undertook the carriage of them were assaulted by the King's Souldiers lying about Coventry, who took away the Clothes. That three hundred suits of Clothes sent likewise by the Parliament for Ireland with a Chirurgion's chest of Medicaments towards Chester, were all taken away by the King▪s Troopers un­der command of a Captain, together with the Carrier's horses and Waggon, for the King's service. As likewise that a great number of draught-horses prepared by the Par­liament for the Artillery and baggage of the Irish Army, and sent to Chester for that purpose, being there attending a passage, were then required by the King for His present service in England, whose Forces were so quartered about [Page 26] the Roads to Ireland, that no Provision could pass thither by Land with any Safety. That two other Captains, the Admiral and vice. Admiral, of the Ships appointed to lie upon the Coast of Ireland to annoy the Rebels, and to prevent the bringing Ammunition and relief from For­reign Parts, were both called away from that Imploy­ment by the King's Command, and by reason of their de­parture from the Coast of Munster, to which they were de­signed, the Rebels there have received Powder, Ammu­nition and other relief from Forreign Parts. See these Charges mentioned by the Hou­ses of Parlia­ment against the King, in Mr. May his History lib. 2. cap. 6. pag. 118. By which particulars (say they) it may seem, that those Rebels were countenanced there, upon design, to assist the Ene­mies of the Parliament here, especially considering that those confident Rebels have presumed very lately to send a Petition to the King, intituling themselves, His Maje­sties Catholick Subjects of IRELAND, and com­plaining of the Puritan Parliament of England, and de­firing that since His Majestie comes not thither according to their expectation, they may come into England to His Majestie; So the Question by way of Argument be­tween the King and Parliament, as between the Com­missioners on either side, is laid aside, and now to be decided by no other Umpire then the Sword, and what the two opposite Parties on either side have a long time strove for (the one defending their Cause in their Books and Writings by vehemency and height of Wit, the other theirs by solid and substantiall Prudence) is left to the Conquerour to determine.

What the odds is betwixt their Writings, because controverted by either side, which Party doth declare and argue the more Prudentially the reasons of their severall undertakings in this quarrell, as which Party, (the Kings or the Parliaments) have writ more solidly [Page 27] and substantially concerning the Subject of this War, which more genuinely and sincerely without expatia­ting or rayling Jests have argued, let the impartiall Reader judg. So because there may not want fuell for Contention, 'tis debated concerning the Actions of Cruelty on either part (the Kings, the Parliaments) which did act with more cruelty, by putting to the Sword, spayling, by consuming with Fire, laying waste Towns, Villages, Houses. I believe our Neigh­bour BERK­SHIRE, and other places neer us. County, as far as you and I have observed, gives Testimony against the One in a sad Record. As to the Writings on either side, for Instance sake take three or four here following for the rest.

First, the Letter to the Governour and Councell of War at BRISTOL (that City being then a Garri­son for the Parliament) from the Lord Generall of the King's Forces See Mr. May his Hi­story of the Parliament of England, mentioning the Demand and the An­swer. requiring the Governour and Councell there to forbear the putting to death the two Citizens, threatning withall to retaliate the like Judgment and Ex­ecution upon some Gentlemen of the Parliaments Party, kept Prisoners by the King's, with the Resolution, and sober Answer of the Governour and Councell to such Message. The quality of which Answer is fore-judged already, and Replyed unto in Print, To be an insolent In a Book of an un­known Au­thor, called the States Martyr. Pamphlet, with other words of scorn, when other men well seen in Morals, and the Martiall affairs of War, deem it to be a stout, apposite, and well penn'd Answer.

Secondly, That from the Marquesse of Argyle, and Sir William Armyne, Commissioners from both King­doms of England, Scotland; fully See the Message and the Answer. and in few words de­livering their Intentions and Reasons for the Summons sent to the Governour of Carlisle; a Garrison for the [Page 28] King, with his Answer unto them, full of words, preg­nancy of wit, and jealousie, rejecting their Summons: And some of His Party derogating elswhere from the worth of See the Hi­story of the King's af­fairs in Scotland, &c. Where the Historian speaking of Montrosse, and the Marquesse of Ar­gyle, the Generals of the two opposite Armies in the Kingdom of Scotland, he highly extols Montrosse, and as much reviles and derogates from Argyle, rendring him in many passages of that Book, a poor-spirited Souldier, and a Knave, when as in other mens judgments he hath proved himself a valiant and expert Commander, a Religious and wise Gentleman. one of the Commissioners.

See this mentioned in the De­claration of the Lords and Com­mons assem­bled at Ox­ford, March 1643. and Printed there. A third, Which because 'tis short, You have here recited in the very words, sent from both Houses of Parliament to the King, with His Parties descant and scornful Comment on the same.

The Message sent from both Houses of Parlia­ment to the King.

May it please your Majestie,

WE the Lords and Commons Assembled in the Parliament of England, taking into our Con­sideration a Letter sent from Your Majestie, dated the third of March instant, and directed to the Lords and Commons of Parliament Assembled at West­minster (Which by the Contents of a Letter from the Earl of Forth, unto the Lord General, the Earl of Essex, we conceive was intended to our Selves) Have resolved with the concurrent advice, and consent of the Commissioners of the Kingdom of Scotland, to represent to your Ma­jestie in all humility and plainnesse, as followeth:

That, as we have used all means for a just, and a safe Peace; so will we never be wanting to do our utmost for the procuring thereof: But when we consider the ex­pressions [Page 29] in that Letter of Your Majesties, We have more sad and despairing thoughts of attaining the same, then ever; because thereby, those Persons now Assembled at Ox­ford, who contrary to their duty have deserted Your Par­liament, are put into an equall Condition with it: and this Parliament, Convened according to the known and Fun­damental Laws of the Kingdom (the continuance whereof is established by a Law consented unto by Your Majesty) is in effect denied to be a Parliament: The Scope, and inten­tion of that Letter being, to make provision how all the Members (as is pretended) of both Houses, may securely meet in a full and free Convention of Parliament; whereof no other conclusion can be made, but that this present Parliament is not a full nor free Convention; And that to make it a full and free Convention of Par­liament, the presence of those is Necessary, who, notwith­standing that they have deserted that great Trust, and do Levy War against the Parliament, are pretended to be Members of the two Houses of Parliament.

And hereupon, we think our selves bound to let Your Majestie know, That seeing the continuance of this Par­liament is setled by a Law (which as all other Laws of Your Kingdoms, Your Majestie hath sworn to maintain, as we are sworn to our Allegiance to Your Majestie, those obligations being reciprocall) we must in duty, and accord­ingly are resolved with our Lives and Fortunes, to defend and preserve the Just Rights, and full Power of this Parliament: And do beseech Your Majestie to be assured, That your Majesties Royall and hearty Concurrence with us herein, will he the most effectuall, and ready means of procuring a firm and lasting Peace in all Your Ma­jesties Dominions, and of begetting a perfect understan­ding between Your Majesty and Your People; without [Page 30] which Your Majesties most earnest Professions, and our most reall Intentions concerning the same, must necessari­ly be frustrated. And in case Your Majesties three King­doms should by reason thereof, remain in this sad and bleeding Condition, tending, by the continuance of this unnaturall War, to their Ruine, Your Majesty cannot be the least, nor the last sufferer. God in his goodness incline Your Royall breast, out of Pity and Compassion to those deep sufferings of Your Innocent People, to put a speedy, and happy issue to these desperate Evils, by the joynt advice of both Your Kingdoms, now happily united in this Cause, by their late solemn League and Covenant. Which as it will prove the surest remedy; so is it the earnest prayer of your Majesties Loyall Subjects, the Lords and Commons Assembled in the Parliament of England.

Grey of Wark, Speaker of the House of Peers in Parliament pro tempore. William Lenthall Speaker of the Commons-House in Parliament.

The Kings Parties Apprehension and Comment on the Letter, in these words:

Whosoever considers that this should be a Letter from Subjects, might well think it very unbeseeming Language in them to call His Majestie's earnest endea­vours for Peace but Professions, and their own feigned pretences, most reall Intentions, but much more won­der [Page 31] at that menacing Language, that His Majestie cannot be the least, or last sufferer; which expressions from Subjects in Arms to their Soveraign, what dan­gerous construction they may admit, We are unwil­ling to mention. Thus much for the King's Parties Comment on the Letter.

One other intercourse of Messages between both Parties of a latter time. See the King's Let­ter March 23. 1644. and the An­swer to the Committees Summons in April fellow­ing. The Summons sent by the Committee of both Kingdoms to the Governour of Newark for surrendring that Town and Fort. The Summons ex­pressing perswasive and valid reasons to surrender it, the Governour, rather his Secretaries Answer, full of good Language, courage and strength of wit, where­in mentioning the King's Parties Letter sent the 23. of March 1644. unto both Houses of Parliament, he ur­ges the King's granting gracious Conditions, and proves it, in that He would Disband His Forces, Dis­mantle His Garrisons, &c. He who penned the Answer recites not all the King's Proposals, as that He would have His Friends Pardoned, the Sequestration taken from off their Estates, and the like; either he saw not the King's whole Letter, being he recites one part only, or else he smiles in his sleeve, thinking by his reserved and short Comment on His Letter to satisfie the Com­mittee there, and the whole Kingdom besides, of the King's gratious inclination in that Letter, whereof the Answerer reciteth but one part. The Letter was full and easie to be understood, taking it collectively and altogether, not apart, as of Disbanding, Dismant­ling, &c. had not He expected to have his Friends par­doned, and their Sequestrations wholy taken off. Such manner of collective speaking is conditional, the one to be done on the one side, if the rest be performed [Page 32] on the other. The Answerer's mentioning so much of the Letter as may serve the turn, in reciting the King's gracious promise, leaves out on what Condition the Promise is made, the condition annexed to the Pro­mise, frustrates the vertue of the Promise, for that which the Answerer cals gracious in the King's Letter of Disbanding His Forces, if nothing else were to be expected, are in every mans judgment, as in the An­swerer's, gracious indeed, but that the King expects to have His Friends, His party pardoned, the Sequestrati­ons wholly taken off from their Estates, were by gi­ving way to the revoking their own Judgements, to accuse themselves of injustice-doing, to put them whom the Parliament accounted offenders and their Enemies, into as good or better condition then their own friends: the Answerer, if knowing the King's whole Letter, and would contract it into parts, reci­ting only that which serves his turn, the Committee being presumed solid and understanding Gentlemen, would questionless follow the Dictates of their own Judgment, without replying to the Answerer.

For Oratory and strength of wit, which haply may delight some Readers, but cures not the Distem­pers and Calamities of a Civill War, nor satisfies the serious expectation of unbyassed Spectators or Actors in these Tragedies; it is confess'd, that the Assembly at Oxford & their Party in their Quarters there, having the more facete and nimble wits, with the help and in­fluence of the Youth and Schollars there, may seem to exceed the Parliament and those whom the Parlia­ment imploys in their Empressions, But let the Books on either side be examined by the Test of Reason, Prudence, the Reader will soon discern the Difference: [Page 33] And these four remarkable Messages instanced in, may decide the Contest, none other of all their Conflicts of that kinde being more opposite each to other, nor any of their Messages reciprocally sent, more disdainfully rejected on either side (as far as I have traced their Writings) then these four above-mentioned.

But to the Reasons of your deserting your first judg­ment, if so you have, I rather judg it to be a fencing and tryal of wits in an Argumentative way of discoursing only, then any settled revolting from your first Opinion: you are well read in the good man's Character, who will not be afraid for any evill tydings, His heart standeth fast, and will not shrink, &c. The Arguments you have lately taken up against the residing part of the Parlia­ment and the Army, the maintainer of your Power, & next under God the preserver of our Peace, are none of yours, nor like to yours. The House of Parliament being grown thin; By your, and other Gentlemen of your Eminency deserting it, is become more thin; the more weak it is through your Defections, the more need it hath of being supported by your Return. As for the Force which you and your subdivided party urge to be offered to ye by the Army your Servants, an high affront and breach of Parliament Priviledges, Both your parties, Presbyterian and Independent seem to be forced alike, not in an equall degree of Strength and Number, but in a strict and closer tye of Policy and Prudence, by and through an extream and inevitable Necessity to the preservation of Ye and your Friends. Neither you nor any of your Party can devise or act a means how to settle such a course as may prevent a totall confu­sion, or the overthrow of those who have already pre­vailed by the. Sword, nor to Still the common Enemy [Page 34] and Avenger: But if He being hard-driven, shall by Treaty or other unsafe way of setling a Peace, pre­vail, He is left at liberty to do His pleasure. In Trea­tles or like wayes of Parleance, what Security can He give or will He keep, commensurate to the safety and welfare of many thousands engaged in this Quarrel, to the avoidance of those Dangers and Jealousies al­ready administred by Him? Within these three years you instanced Hen. 3. His complyance and Signing Ar­ticles, which when He had by that recovered His Power again, kept none of them. But to your Argu­ments and your paralelling the King's offering a Force to six of the Houses of Parliament, to the Force is offered you. He might peradventure, and by an usurped Au­thority do it, to exercise a Regall Power above the Laws, from assuming unto Himself an unlimited and strong conceit of His Soveraignty & Transcendency of Might in nothing to be resisted, to awe and force this present Parliament, and all future Parliaments (in case He had any purpose to convene any more) to His beck, as 'tis probable. Not long after, by the like me­nacing and imperious act of Proclaiming those Gentle­men Traytors, who either obeyed not, or refused to conform to His present Will; There was no necessity but His sole Will to force all those who complyed not with Him to save and rescue His Creatures from the hand of Justice. And whether there be not now a stronger necessity then before the great and universall Engagement of many good and deserving men, I ap­peal to you. Sir, In that you take it ill That your Ser­vants (so the Army style themselves) should force their Masters. They are not simply and precisely Servants immediate, subordinate rather, many of Them your [Page 35] Equals, Commanders and Officers in the Army, the common-Souldiery commanded and led by Them; Or the Army relatively unto ye as Jurors in a triall of Assize before a number of Judges (for so ye are, al­though the resemblance holds not adequately, as to an Army, and to a Jury.) Let a Major part of Judges in­cline or direct which way they please: Yet an upright Jury will finde according to the Evidence in being. The Evidence in this case is the certainty of knowing and re-collecting things past, the foresight of things to come, which induceth them to bring in such Ver­dict as may render all things Just and Safe: for when it shall happen to be debated which ought to be preferred, the Priviledg of Parliament, or the Safety of a Kingdom, every one can judg which ought to sway the ballance. Again, admit the Army to be your Servants (yet pro­perly they are Servants unto those from whom they receive their pay, that is, from the Kingdom, neither from the Presbyterian nor Independent Party) In a mixt and joynt-Government where more then One com­mandeth, and a mutuall consent had betwixt the Go­vernours, that the Servants shall obey the discreeter Party, as between a Master and a Mistresse in a Fami­ly, they mutually consent that their Family shall be directed by the wiser of the two, there it is left to the election and discretion of the Family, which of them (Master or Mistresse) to pay obedience unto. It skils not in a Governing and Politique Body (consisting of many Ruling, & all consenting in the main) which is the Major part, unless that Major part will do the whole work themselves, without the help of those whom they do employ: which of them is to be obeyed? That Part rather which Acts and Endeavours (with­out [Page 36] respect had to the Majority) in the more prudent, watchfull and safe way. So 'tis no Disobedience or Affront offered by your Army, where Obedience may be dangerous to the Obeyours, to your Par­ty and your adherents. For whereas some of the King's Party prefer the Presbyterian before the In­dependent, some the Independent before the Pres­byterian, See the [...]. p. 224. hating both, yet giving good words un­to, and complying with the more discontented and weaker Party, untill by their cunning Artifice they overcome them also; so in this Leger de main, and sleight of wit blow the coals of Dissention betwixt ye both, Ye of the Presbyterian can look for no other then Polyphemus his courtesie, to be of those last to be de­voured. Besides, as to the Major or Minor part of Mem­bers sitting in the House, or secluded, or voluntarily absent­ing themselves from the House, so that the greater number are absent, as you reckon: Take heed of that objecti­on, lest you open an old wound (long since salved up through God's blessing on your success) and that Ob­jection be made use of against ye all of both Houses, and against that Authority whereby Ye have at any time acted since the Contention first began betwixt the King's Parties claim to their Parliament at Oxford, and the Parliaments Parties claim to theirs at Westmin­ster. For if the King's Party did rightly calculate their numbers which were in both Houses of Lords and Commons See their Declaration Printed at Oxford March 1643. towards the end of the Book. 258. either personally sitting at Oxford, or occasionally absent upon imployment for the King, That number exceeded that of those sitting at Westmin­ster: so that the Argument for the major part of the number of Members Presbyterially affected, & that way Covenanted, against which the King's Friends have [Page 37] learnedly, as yet unansweredly In a Book stiled [The present Judgment of the Convocation at Oxford dated June 1647.] Which if weighed with the Arguments in the late Letter written by the London Mini­sters to the Lord Fairfax and his Councell of War, dated Jan. 1648. in behalf of the Covenant and the keeping it, the Reader will soon discern the odds. argued, is no safe or prudent Argument at this time to be used, however abetted and seconded by an elaborate­ly written Letter by the Lon­don Ministers, lest ye help your first and common Enemy to rowse an Objection which hath a long time slept, for maintaining their Parliament at Oxford. For, by the way, had those Ministers employed their pains in answering that Book, their Letter might have been better credited, and more universally received. They much insist on the Protestation, taken May 1641. wherein the Protesting is For the mainte­nance of the King's Honor, Person, and Estate: yet the End (at which all matters of weight do aym) is the preser­vation of Religion, Laws, & Liberties. The maintenance of the King's Honor, &c. is but a piece of the Protesta­tion; the sum, full sense & scope thereof, the preserva­tion of Religion, &c. The drift of one of the Grecian wise men's advice was [Respice finem] & the prudential Proverb is (made good by an acute Epigram) Non refert quà, sed quò: So the maintenance of the King's Honor, &c. are but the Means in relation & order to the End, the preservation of Religion, Laws, &c. The well-weighing which Protestation might have confined and settled the unresolved and doubtfull thoughts of man, in what the end and aym of the Protestation was, A promise to fulfil, in as much as in us lies, the Comman­dements of the first and second Table of the Law, di­recting our duty towards God and Man, the severall parts in the Protestation tending in the summe to the [Page 38] maintenance of God's Honor, the King's, the Subjects Right and Liberty, no one part thereof, if rightly ap­plyed and understood, crossing another: and therefore how it comes to passe, that the Protestation being one and the same, the course of mens affections should be thus divided into Factions, and Part-takings, or that some should be of opinion, That to maintain the King's Honour, Person and Estate, is to adhere unto Him in this present War in what He shall command. They should withall consider the other parts of the Pro­testation (viz.) the Defence of the Protestant Religi­on, the Power and Priviledges of Parliament, the Sub­ject's Right and Liberty; for by the Protester's ob­serving all, the King is best observed and truliest, His Honour and Promises being engaged to maintain the latter three; when as every one who took the Prote­station did in his thoughts endeavour and intend ac­cording to his Power to make Him a Soveraign Lord of a Free and Flourishing People, the King's Prote­stations concurring with, and tending to that end: So the Protestation taken altogether is best observed and kept. To the Protestation for the defence of the Pro­testant Religion, every one who takes it is not imme­diately and specially bound by vertue of his Vow to discover and make known, to extirpate or remove all Papists (that is above the Power and Liberty of every common person) neither is wishing well alone, and sitting still a sufficient discharge of the Protester's duty of vowing to Endeavour. Endeavouring is a progressive motion, and the Protester's supine failing to endeavour, can be no better reckoned of, then the Livy. Historian did of those Souldiers who dreamed of their Enemies, Votis & sedendo debellari posse, or what [Page 39] the Isaiah. Prophet doth of the Egyptians, that their strength was sitting still. A perfunctory and neutrall slackness in the Protester, satisfies not the precept which God him­self enjoyns, When thou vowest a vow unto the Lord, thou shalt not be slack to pay it, and wherein many have not onely deserted this their Vow, but endea­voured against the same; others contemplatively only and remiss as not endeavouring at all, but with cautious reservations and forbearances keep off their endeavourings. The passive and faint observing of the Vow in some, the Acting contrary to their Vow in others, is a sin which God is justly angry for, visiting this Land of late with long and heavy judgments; wherefore if he who hath taken this Protestation, and shall solemnly observe the same, shall foresee, or hath cause of suspition to believe, that the Protestant Religion is, or was when he took the same, in danger of declining, & that the Papist is connived at & coun­tenanced by Which is not the Author's Observation alone, but the unanimous judgment of most part of the Kingdom observed by their se­veral Petitions at that time presented, espe­cially that of the Gentry and Trained Bands of the County of Essex, presented to their Lord Lieutenant the Earl of Warwick. See Mr. May his History, lib. 2. cap. 6. pag. 105. higher Powers (for the Question is not about the certain and actual bring­ing in of Popery, but touching the pregnancy of suspition) if the Protester adhereth to that Party which promiseth to de­fend the Protestant, and oppo­seth that which countenanceth the Popish, his Protesta­tion is then truliest kept; a Promise or Vow, the more pursued, the more fulfilled. In like manner to the other part of the same Protestation (viz.) The Mainte­nance of the Kings Honour, every one who takes the same is not thereby bound to comply, assent unto, and obey the King in whatsoever He may command, whe­ther [Page 40] unlawfull or unjust, or to think all his attempts and actions Justifyable throughout. This were indeed, in the highest degree to honour Him; but in a more serious and as truly a Loyall way of His being Ho­noured by His Subjects, is when they or those who are put in Place and Authority over them, shall en­quire into and provide against all things incident to His Dishonour, when they shall endeavour to sup­press all Affronts which may be offered to His Dig­nity; This though a more remote and less flatter­ing, yet a more stable and certain discharge of Du­ty in Honouring Him. Again, as to that part of the Covenant [That They had then no intention to diminish His just Power and Greatness] They might intend no less, untill They saw They could not overcome Him by humble Applications and Addresses, that they could not discern any acknowledgment of His former Errours, any placable or propitious heart to­wards His Parliament and People; any condiscend­ing to those Propositions, as the only and necessary means for setling a safe Peace, long since tendered to Him joyntly and unanimously by ye all, Presbyteri­ans and Independents, as they are called (yet not all of ye concluding or providing what was to be done in case He did refuse) But instead thereof (contrary to the See the Ar­ticles of the large Treaty Pag. 16. De­mand 4. granted by the King, Aug. 1641. Articles of the large Treaty agreed upon (viz.) That none should be admitted to his Coun­sell or Attendance but such as should be approved of by both Kingdoms) gracing and preferring to His neerest secrecy and trust, a Person proclaimed guilty of High Treason, charging still and banding with the Parliament, the Supreamest and greatest Coun­cell for Weight and Number in all EUROPE, con­tending [Page 41] to lay the Blood spilt in this War at their doors, and theirs alone, ever seeking by His Pyoners, by a covert and restless ill-will, one way against the See the Book called [...], pag. 23. and elsewhere in that Book, His Party's constant and continued ill-will to­wards the City of London. The City styled by His party, in their wonted Invectives against it, The Nursery and Treasury of Armes and Ammunition em­ployed against their King, continued even to this day to be termed by them a Rebellious City upon all occasions, Mercur. Pragmat. from Jan. 28. to Feb. 4. 1649. further con­tinuing his Invectives against the City in his weekly Pamphlet. Place re­ceiving Them, another a­gainst their See their Declaration printed at Ox­ford 1643. pag. 14, 15. against the suggest­ed irregular and undue proceedings of the Common Councel in London, the Repre­sentative of the whole City. Friends assisting Them, to undermine their Power. They thought the Covenant not like an See the Letter of the Ministers within the Province of London, and their notice-taking of the Parliament and Army's con­ceipt had of the Covenant, pag. 8. Alma­nack out of date, as the Mini­sters smilingly object, but like an Obligation, where the Obligor is destitute and left remediless through the Ob­ligee his restless fury and op­pression, disabling him from performing his Con­ditions. See His Party's Opinion of the Co­venant and the taking it, in the [...] pag. 113, 114, 115. whither and how far it is to be kept, how little uniformity there is in the taking or keeping it, and for what purpose in the Author's judgment framed at first, how ambiguous and hard to to understood, how much mistaking or dissembling in the making it at first, or mis­representing by those who like it not, that howbeit one part thereof is [That [...] had then no intention to diminish the King's [...] Power and Greatness] the Author in the King's name conceives, That it was made and [...] the King, as in many places of the Treatise against the Covenant he complaineth. See also the King's De­claration, since the Pacification, against the Scots and the Covenant, pag 8. Which Opi­nion of his see confirmed in the Marquesse of Montrosse his Declar [...] set forth 1649. as in a Book called the History of the King's affaires in Scotland, before recited pag. 5. One part of the Covenant then taken, was, That They had no thoughts or intentions to diminish the King's just Power and Greatness, Ano­ther part was (when They press the Covenant taking, the maintenance of the Peace and Union between the three King­doms) They would bring to justice all without respect of Persons who did or should wilfully oppose [Page 42] the same, or hinder such Peace and Ʋnion. So that if the King did by Himself, by His Friends and fol­lowers by His example awing other men from ta­king the Covenant, or did by any Power or Commis­sion, whether to defend Himself, or to offend His op­posites, act or abet, whereby the Peace became dis­turbed, one Kingdom engaged against another, the Parliament could not according to their Covenant preserve His Power and Greatness, and punish such with­out respect of persons as did wilfully oppose the same, comprehending all who did adhere unto, or take part with him: So that the Covenant, the parts where­of seem to be inconsistent and irreconciliable within themselves, and therefore not perfectly and exactly to be kept, is either newly to be molded, or (which is more probable) the War to continue between the Covenanters, and the non-Covenanters: many thousands of men neither having, nor through the King's example willing to take the same. The great Quarrel of ignorant men against the uniform current of the Holy Scripture, of an higher concernment then an humane Covenant, is acutely taken up by a learned Paraus. Writer, Distingue tempora & reconciliantur Scripturae, in answer unto those, who cavil against the Scriptures as if the Texts thereof were dissonant and repugnant each to other, as if God's word, certain and infallible in it self, were contradictory to it self. Distinguish between the time of the Covenant taking, four or five yeers before the time of bringing the King to Tryal, Observe the limitation in the particle of the Cove­nant [That They had then no intention to diminish the King's just Power] in opposition to unlawful and arbi­trary, and you will finde that the Covenant could not [Page 43] be so well and safely taken, or that it is not so hainous­ly broke as your Enemies give out. But to your Ob­jections against the Army, That in adhering unto them, is to trust to an Arm of Flesh, so all sublunary and earthly Powers are but Arms of flesh. Secondly, That Independency admits of all Irreligion, Heresies, &c. The Proposition is not well proved, in that some particular soldiers belonging to, or others well-wishing to the Army, do devise and publish strange and unsound Tenents and Opinions, which is not to be imputed to the Army or the Parliament, neither is a present Cure to be applyed for redress thereof in all parts and places where they are vented. The Army and their Party have enough to do to prevent and provide a­gainst the Power and Policy of their Enemies, with­out an overhasty endeavoring to suppress the Schisms and Errors of every one of their Adherents. The com­plaint against Heresies & Schisms abounding, is just & seasonable, and the Heresies most fit to be suppres'd. The Complaint is made long since, and it was fore­told of old, that Heresies must be, &c. The Apostle gives the reason, That the sound and approved Truth, may be known from fond and received Heresie. The ground and seminary of broaching them, may be, besides the common and inbred corruption of Pride and False­hood, which mankinde is prone unto, that so many sorts of men in many places do despise and speak against the Scriptures, although the Rule of Christi­an Faith: Others unwarranted, do undertake to teach and expound the same. In disordered and licentious times, caused through the distractions of a Civil War, it may fall out, as a S. Jerome. Father of the Church com­plained it did in his, of Scripture-Teachers, of Ex­pounders [Page 44] of the Mysteries in Divinity, cited by a learned Divine upon the words of the Apostle, char­ging the unlearned and unstable for wresting the Scrip­tures to their own destruction; whose presumption (the Divine tells us) is enough to produce any Schism or Heresie. Sola, saith he, Scripturarum ars est, quam sibi omnes passim vendicant; hanc garrula annus, hanc delirus senex, hanc sophtsta verbosus (he might have filled up the measure of his Complaint, by discover­ing many other sorts of unlearned People intruding into the holy Mystery of Divinity) hanc universi praesumunt, lacerant, docent antequam discunt. Every one presuming upon his parts and gifts to be a Tea­cher and Interpreter of Scripture, whereas Practi­tioners in other Arts can contain themselves within the bounds of their own Profession. The reason why the unlearned are so bold, may be their want of ability to discern the strength of the Objections which may be made against them. By the unlearned, is not meant he who hath not read a multitude of Authors, but he who taking upon him to divide the Word of God, is raw and unexperienced, or if he hath experience, wants judgment to make use of it. The anguish that these rash Presumers bring unto the discreeter sort of Brethren, cannot but be great, when being convinced of their unsound opinions, for the maintaining that which with much boldness and open falshoods they have averred, they pretend the Authority of the Word, and whatsoever con­ceit is begotten in their heads, the Spirit of God to be presently the Author of it: when as learned and judicious men, in whom the Lord hath put wisdom and understanding, to know how to work all maner [Page 45] of work for the service of the Sanctuary, like Be­zaleel and Aholiab, refuse much of the stuff which is offered them. Scripture is given to all to learn: to teach, to interpret, only to a few. It is the voice of God confessed by all, that the sense is Scripture, not the words; it cannot therefore be avoided but that he that wilfully strives to fasten some sense of his own, other then the nature of the place will bear, must needs take upon him the Person of God him­self, and to be an inditer of Scripture. No Scrip­ture is of private Interpretation, There can be but two certain and infallible Interpreters of it, either it Self or the Holy Ghost the Author of it; it self doth then expound it self, when the words and circum­stances do sound unto the Reader, the prime natu­rall and principal sense. Besides these two, all other Interpretation is private; wherefore as the Lords of the Philistines sometimes said of the Kine which drew the Ark unto Bethshemesh; If they go of them­selves, then is this from God, but if they go another way then it is not from God, it is but some chance that hath happened to us, So it may be said of all pretended sense of Scripture, If Scripture come unto it of it self, then it is from God, but if it go another way, or violently urged or goaded on, then it is but a matter of chance, of man's devising and invention. As for those marvellous discourses of some, framed upon presumption of the Spirit's help in private, in judging and interpreting difficult places in Scripture, their boldness cannot be sufficiently wondered at. The Spi­rit is a thing of dark & secret operation, the maner of it none can descry. As underminers are never seen till they have wrought their purposes, so the Spirit is [Page 46] never perceiv'd but by its effects. The effects of the Spi­rit, as far as they concern knowledg & instruction, are not particular information for resolution in any doubt­ful case, for this were plainly Revelation, but as the An­gel w ch was sent to Cornclius, informs him not, but sends him to Peter to School; so the Spirit teaches not, but stirs up in us a desire to learn, desire to learn makes us thirst after the means, pious sedulity and carefulness makes us watchful in the choice, and diligent in the use of the means. The promise to the Apostles of the Spirit, which should lead them into all Truth, was made good unto them by private and secret inform­ing their understandings with the knowledg of high and heavenly Mysteries, which as yet had never en­tred into the conceit of any man; the same promise is made unto us, but fulfilled after another maner. For what was written by Revelation in their hearts, for our instruction have they written in their Books: to us for information, otherwise then out of these Books, the Spirit speaketh not. When the Spirit re­generates a man, it infuseth no knowledg of any point of Faith, but sends him to the Church, and to the Scriptures; when it stirs him up to newness of life, it exhibits not unto him an Inventory of his sins, but either supposes them known in the Law of Na­ture, of which no man can be ignorant, or sends him to learn from the mouth of his Teachers. More then this in the ordinary proceeding of the Spirit in mat­ter of instruction, no sober man could ever yet de­termine. So that to speak of the help of the Spirit in private, either in dijudicating or interpreting of Scri­pture, is to speak they know not what. Which is the rather worth the notice, because by experience we [Page 47] have learnt how apt men are to call their own con­ceits the Spirit, which because it is an especiall Error charged by a S. Au­gustine. Father of the Church on this kinde of men, to be the more prone to kindle Schism and Contention in the Church, by how much the more they seem to themselves to be endued with a more eminent measure of Spirit then their Brethren, de­serves reproof, whilst under pretence of interpreting, they rudely and rashly broach their own conceits.’ Sir, there may be much spent upon this one effect of this Civil War, I have been too long in these digressi­ons, the labour of another man; but that you may be hereby satisfied how improbable it is that well-bred, wise, and learned men, however Malice hath cast this Contumely on them, do wilfully and willingly coun­tenance these unlearned Sectaries, and rude Intruders into Moses Chair. They are willing for ought it ap­pears to the contrary, to promote the means of Learn­ing, to give encouragement to the increase thereof, by their favour and respect shewn unto the Schools and Nurseries, in their Acts and Ordinances exempting them from any Charge or Taxe for raising Monies to­wards this War, by placing painfull and sober Gover­nours in the severall Societies of the Universities, to reduce them to their former temper, of acquiring Learning and good Manners, that what the fury and fierceness of a War was likely to demolish and de­stroy, is yet recoverable by the care and industry of their Governours, and whereas there is a disproporti­on and Antipathy between Science (a soft, milde and tender habit) and a War (a privative and destroying judgment) there is yet by God's blessing left a possibi­lity and means of a Regress from a War and Garrison [Page 48] of Souldiers in one of them, to an acquisition of Sci­ences, and Nursery of Scholars. Neither doth the Parliament, for ought we see, neglect or dis-esteem the Ʋniversities, or other Seminaries of Learning, or take away the Endowments of Colledges, as their Enemies give out, because of able and learned Scholars of the Ʋniversities and elswhere, sequestred for a time, and dispossest of part of their Estates, by reason of their constant prejudice and ill-will against the Parliament and their Proceedings, the Parliament knowing such to be interested, engag'd, & not long since seasoned by the Enemy Garrisoning in one of the Ʋniversities, to con­trive their overthrow. Delinquents Compounding for their offence, or the Sequestring their estates (a Punishment inflicted by the Parliament) is easier to be born, taking withall the justice of the Cause, which is here examined, then the Confiscating the Parliaments Friends estates for adhering to that side; which they could not but expect, when Spectators only taking part on neither side, are in danger, and a Law enforced for their See the Ox­ford Decla­ration, p. 27. forbearing to defend the King. The unhappi­ness of this Disease (viz.) of Heresies abounding, of the unlearned their broaching them, of the causes and consequences thereof, is to be ascribed to the Authors and Occasion of the War; before which, and Jewell in his Apole­gie of the Church of England. many years together, the Church was at Peace and Unity within it self, it had none of this sort of Adversaries to disturb the same. But enough of this. To your other Objection, That Independency (as 'tis called) denies all Order and Government, when as they have Remonstra­ted and Protested for the contrary: Whatsoever they may for a time, for reasons best known to themselves, and upon the altering the present state of things, Or­dain [Page 49] and Act to the laying aside Degrees and Orders heretofore in use, They or their successors may when the storm threatned is over, the danger of be­ing overcome is past, reduce and bring the Govern­ment of this Nation, the course of Parliaments and other Constitutions into some part of their pristine and former state again. Rather the Royalist and Presby­terian seemes to give way to many practices tending to Irreligion, &c. when as their ill-will and envy are so eager against the opposite Party (called Indepen­dents) that they will rather submit unto, and joyn with the Turk or Jew, then to be mastered by that Party betwixt whom and one of them there is a kinde of difference, no true or real, only a notional and imagi­nary one. The King's Parties Envy grows out of being overcome, and doth appear from the judgment and censure he hath of them, in the punishment had he prevailed he would have condemned them to. For of the moderate sort of the Parliament and their Friends he holds them See the De­clarat. of the Lords and Commons assembled at Oxford, &c. printed there 1643 Pag. 24, 26, 27. unskilful, vulgar spirited, weak and se­duced men for siding with the People, as they terme it, and their multitudes, the eminent and more active sort Traytors, Perjured All, yea the Neutrals too, for not offer­ring to defend the King, &c. according to the Oath of Al­legiance (The Parliament Party having a more mo­derate and milde judgment of the King's, knowing many of them restless and virulent as yet, judging o­thers Mistaken only, some of them being led away through Ambition and aspiring thoughts to adhere to the King upon the Proverb of No fishing to the Sea, nor service to the Court, whereupon the Parliament have ac­cordingly passed by the errors & transgressions of the King's, by an easy Mulcting them, so that if the judg­ment [Page 50] at the first had been no worse nor no more erro­neously passed against the one then it was against the other Party, the War had soon been ended & a Peace restored) By the King's Party's large extension of which Oath, they may bring many within the compass of Perjury. The King being to maintain the Laws, &c. and bound as a Supream Power to take vengeance on evil doers, without which He bears the sword in vain, as the Subjects are to their Allegiance; the Obligation is reciprocal, as the two Houses of Parliament, when allowed to be, & stiled by King Himself a Parliament, with an unanimous consent observed in their See the Message printed with the above­named De­claration, dat. March. 9 1643. message sent unto Him in a few words expressed; If the King may dispense with His Oath, and that He reckons Him­self accomptable to none but God, which the Parliament objects as a Maxime & Ground for any Tyranny, the Enacting Laws is of no value as to the King, and how far swearing Allegiance is to the Subject, is the question. In this only lies the odds, upon the event of which Party shall prevaile in this War, If the Parlia­ment shall, They are notwithstanding subject to the Reproach and Obloquy of slanderous tongues and pens, Their Demeanor not free from beeing censured, Reviled and Charged with several Crimes as their Accusers please, No such salve for them as for the King, in case He should have prevailed by what means soever, no man should have dared to have questioned His proceedings, or the means by which He prevailed, in case He had Conquered. The wise man asks, who shall say that a King is false or wicked? and the French Proverb tells us Que la Coronne unifois prinse oste toute sorte de defaults, The meaning is, when the King shall have regained His former ful and Regall Power, the Parliament and theirs then born down, His re­possessing [Page 51] His Crown shall as well quit all quarels and exceptions and cancel all disputes, as it shall clear all manner of faults and Crimes concerning the means how He attained His Conquest. The sustance of that Oath, even now objected, is in these words, That the Pope hath no Power either of himself or by any means to de­pose the King, nor Authorize any Forraign Prince to in­vade or annoy Him, to bear Arms against or offer Him violence or hurt. That no Declaration, Sentence of Excom­unication or Deprivation made by the Pope, hath Power to absolve any Subject from his Allegiance, by reason or co­lour of any such Sentence or Declaration, &c. The reason of enjoyning the Oath of Supremacy, is expressed in the Preamble of that See the Statut. 1 mo. Eliz. 1. and the Preamble thereof. Statute made for taking the same, which was therefore done in opposition to Forraign Princes, Prelates, States and Potentates, by reason of great exacted sums which they by their u­surping took from the Subjects of this Kingdom : so that the Oath of Supremacy concerns the Subject's duty towards the King His Heirs and Successors in their re­fusing to grant or pay any Tribute of Power to Forraigners, but to oppose and resist all such; to acknowledg the antient Jurisdictions, Superorities and Preheminencies due to the King or His Successors, against and in opposition to such usurpings. The words and prime sense of the swearer beeing That he will renounce and forsake all Forraign Jurisdictions, Superiorities and Authorities, thence That he will defend the King His Heirs and Successor's Juris­diction, Authority, &c. So the Competition for Pre­hemmency, Power, &c. is betwixt the King His Heirs & Successors on the one, and Forreigners only on the other part, and by reason of such exactions practised by such Forraigners. The Royalists to make good [Page 52] this charge of supposed Perjury in breaking the Oath of Supremacy and Allegiance, which they cannot, unless they gain a Power, leave no ways untried, no stone unmoved, what Wit and Invention can bring in to promote their Industry. By all the Artificiall and feigned means they can to keep up their Party, as by sowing the Tares of Discord and Sedition amongst the Parliament party and their friends, hoping at last to reap themselves the fruit and harvest, cunningly and insensibly carrying it on, under fair pretences to the Peace and Publique good, by their Pamphleters kept, it may be thought in pay and pension, to magni­fie and talk high of their Cause and their good suc­cesses, to vilifie and depress the Parliament's & Theirs, to publish and divulge their Falshoods, in hope to dis­courage them and their Friends, and know­ing that the unstable and unresolved, (as many men unto whom the Justice of this Quarrell having seemed doubtfull, have shewn themselves) would fall in un­to the stronger side; By reporting of their own ac­cord without warrant from the King, more indulgent­ly and favourably on His behalf, then any of his own actions have declared, which insinuatings and report­ings in favour unto Him, have peradventure powerfully wrought on the unstable, wavering in their affections; By their subtile practices to pursue and continue their Designs, disguising them under several habits, that what a Lions strength cannot, the Foxes skin put on may work, each one acting his severall part to the best ad­vantage and improvement of the whole; some bemoan­ing their dejected and low condition (thereby to draw pity to their suggested wrongfull sufferings) not that they think it so, but that they may be thereby the less [Page 53] perceived to exercise their Art of gaining their strength and Power again, both by nourishing Dis­contents and Seditions here at home, and having Fa­ctors and Emissaries to solicite their Cause abroad: By traducing and depressing the esteem of the Parlia­ment and their Actions, to render their Persons the more odious and contemptible, thence the more weak and easie to be subdued. By contriving and inventing Falshoods, sometimes in the nature of reporting Pro­phesies in favour to the King and His success, as to give out how happy and victorious He or His Posterity shall be. Many the like devised Inventions in the nature of Predictions and Divinings, some whereof made on purpose, others as vainly reported and given out, to give hopes unto His Party to try if the reporting such Prophecyings can bring the fruits of their endeavours within the compass of such Prophesies fulfilled. By seditious Pamphletings and privily dispersing such, by publishing other more weighty, no less seditious Books, obtruding them on such Authors as they please, all to affect the Reader: sometimes in the King▪s name, al­ways in His behalf, particularly that Posthume one called [...], by many men given out to be His, which if the Parliaments often Declarations, Charges and Remonstrances against Him and His Proceedings be true, those applauded Tracts and Me­ditations in that Book, are but a reinforced dissem­bling put upon Him, and the Greek words might be rather translated into the Image and Pourtraicture of a Counterfeit (For the Author counterfeiting the King, makes the Falshoods and Impostures obtruded upon the King to be his own) then into the Image of a Prince. Whosoever shall read the Parliaments often Declara­tions [Page 54] and Charges against the King, set forth since the beginning of this War, not denyed or answered by any of His Party, saving in a recriminatory and scof­fing way, calling the Parlia­ment and their Adherents, Re­bels: Or who shall read the Written by Mr. Tho. May 1647. begin­ning at Pag 6. unto pag. 46. Moreover how Corruption and Oppressions irremediably grew through the Discontinuance and defect of Parliaments not called, through the often Dissolving them in the time of His Reign and His Declarations published against the Members of some of them; which the Histo­rian reports, the dejected People were forced to read with patience, and to allow against their own Reason. Wherein many things are there observed, concerning the maner of the Scots proceedings before and even at the first beginnings of these Troubles, Their sufferings, how by their humble applying themselves unto the King for redress, they could have none. In fine, the aversness of the English People from a War with Scot­land, pag. 46. History of the Parliament of England summarily reciting the Kings aversness from Par­liaments, cannot but acknow­ledg that See the [...] on that Tract. Book, whatsoever the fair and plausible flouri­shes in it pretend of the King's inclining to and desiring Parlia­ments, to be falsly and injuri­ously Charged on him : False­ly, because They cannot but know how unwillingly and seldom He called any, how oft he did dissolve or attempt to dissolve them when they were called; whence the Answer meets the Ob­jection, That the Parliament's Party did begin the pre­parations for a War before the King's. The King's Mr. May his History. a­versness to call Parliaments, His Mr. Hollis his Speech. awing and dissolving them at pleasure often and long before any preparati­ons could be thought of for a War, may satisfie the objection: when as moreover, divers of his Friends and Party have long before fortified and furnished their houses in many parts of the Kingdom with Arms and Ammunition, no other notice taken till of late then of adorning such for strength and splendor, which w th some smal addition became strong Garisons for him. The Parliaments friends had none or not so [Page 55] many Holds so soon or suddenly to be fortified for their defence. The Author to have made his own Im­postures and Dissembling the King's desires of Peace and Justice, the more compleat and full, might with­out blushing aswell have added one Treatise more to the twenty eight, to have rendered the King free and innocent from that great offence of the Massacres committed in the Irish Troubles, and declared Him guiltless of so much of his Subjects Blood as the Re­bellion there hath cost. A Treatise added to that Book with such an Apology on the King's behalf, might have passed under the same belief and credit as other well penned passages in the Book, when as the contrary is well known, as the two Houses of Parlia­ment have in their Charges and Remonstrances set forth to the publike view, such Transactions of the King's betwixt Him and the Irish concerning His con­niving at and favoring the Rebels there, under colour of raising freinds and Assistance thence, to serve Him in the War against the Parliament here, as to finde Him guilty of the Blood spilt in that King­dom as in This. Injuriously charged on the King, in that the Author and Reader also, if a Friend to Him and would have the Book to be reputed His, do wound His honor and render the maner of His death the more unchristian then otherwise it would be judged, when whilest the Life is mortal they make the vices of Dissembling and uncharitableness to be surviving and immortall motions. The reporting it to be the King's, seems besides, to blemish the credit of those Penitentiall Expressions therein, derogating from the serious, retired, and solid parts wherewith He was endowed; then doubtless free from the affectated [Page 56] words, whereof the Book is full, in defence of the ma­nifold actions of His incident to this War. Many of them too weakly excused, to be His, although in an handsome way of writing (to possess the belief of men) obtruded on Him by indeed the Author of the Book: Namely, and more particularly, That weakly objected Crime of the Author, in the King's name, blaming the Parliaments Army for discovering the King's Letters taken at Naseby Fight, upbraiding them with an uncivil and inhumane dealing in publishing them. Who­soever shall praise the Book, and thence draw ap­plause unto the King, should for the better glory of it have expunged some improbable and extravagant passages, and inserted others more necessary and satis­factory, one Tract at least of the King's care and zeal for the security and maintenance of the true Protestant Religion; what He hath written or acted to clear those doubts, to wipe away those Jealousies had of Him, no where to be found in the Book, and a great Incentive to this Contention. Some passages there are, plausibly set down by way of censuring and speak­ing against Novelties and new fashions in Religion, a­bout the Form and Maner how God is to be served and prayed unto, against the extemporary and unpre­meditated Prayers of some Ministers, and the like, somewhat also by way of In the Treatise concerning the Ordi­nance a­gainst Com­mon-Prayer. defending the Common-Prayer-Book, about which there is no lasting and fi­nall discord betwixt the King's Party, and the Parlia­ments: For, for ought we know, it may with some al­terations to be made, be hereafter received again, ra­ther then the Peace or Discipline of the Church shall be disturbed about the Form and Method of the Li­turgie, the Common-Prayer-Book if in some parts al­tered, [Page 57] little differing from the Directory, saving in the exercise of the Ministers abilities, and their choice of words and quantities, how much, or how little their Prayers and Divine Service shall be. Nothing in that Book delivered touching the Substance of Religion, whether we take it in point of Maners, or in Faith, or Doctrine, or of His professing to defend and secure it from Superstition and Idolatry, as part of His Desensor Fidei. Title implies, Rather the contrary as to the matter of suspi­tion, by reason of His profest indulgence to the Queen, as the Author presents Him, Bewatling Her absence, and Her Fortunes, &c. And whatsoever His advertise­ments in the King's name are to the Prince, in a skil­full Dialect expressed to perswade him to begin and end with God, with other good Instructions frequently gi­ven him, to be well grounded in his Religion, to keep the middle way between the Pomp of superstitious Tyranny, and the meaness of Phantast que Anarchy. The Councell delivered is good, if the season of the delivery (a weighty circumstance) be observed as well, That the suspition and fear of the growth of superstitious Ty­ranny in the peacefull times, were no greater then that of Anarchy, easie to be let in through the licentious­ness, and confusedness of a Civil War. And where­fore is that Councell given? As if the Parliament did intend, or had brought in Anarchy, or devised to root out all Government. No Calumny whereby to ren­der Them and their proceedings odious and detesta­ble, is of extent enough to serve and satiate their ene­mies appetite. The Parliament in their Prudence and Experience might discern a reason for the changing the Monarchicall into some other Form, of as much conducement to the maintenance of Peace and Justice. [Page 58] But what that Religion is which the Author enjoyns the Prince unto, whether opposite to Popery or The spee­dy and effe­ctuall sup­pressing Er­rours and Schismes is charged on him. p. 138. Schism (This like Weeds in Corn, choaking and hin­dering it's growth, That like Mildews, blasting and destroying it) he defining not, makes it seem doubtfull to the Reader. For presently after, he would have the Prince his judgment and reason to seal to that sacred bond which education hath written in him, in which he hath been bred. Let a computation be had of his yong years, how in his infancy uncapable of discerning the diffe­rences of Religion before this War began, where and with whom he hath lived these seven or eight years since it began, all men will not believe that to be the Reformed Protestant Religion which is there enjoyn­ed him (take it in its purity, or as the corruption of times hath fashioned it) the Prince seems to go in a contrary Diameter to either, as to those instructions given him by the Author, by what is reported of his favouring and entertaining at his Court the greatest and most known Catholiques, Forraigners of all parts, setting aside his Protestant and native English. So that either he takes not those Instructions to be truly and genuinely the King's, or little observes them. That which should have been expunged out of the Book to make it the more admired His, is that one pas­sage (strange amongst the rest) about His challenging the Parliament for discovering the Letters taken at Nase­by Fight, even how mentioned. For, who shall look upon a War where Parties are resolutely engaged to defend their own, to consume their Enemies Forces, as His Party did by Fire and Sword, laying waste many Villages and Towns, not sparing their own Friends, so they might be avenged on their Enemies, will not ex­pect [Page 59] that in the heat of War any regard should be had to the concealing or divulging Letters; when the op­position was so extream, the enmity so violent, that no other censure serves to fill up His Parties malice, then to judg the Parliament and their Friends False and Rebels: From which calumny and stain fastened on their Credit and Posterity, They will rather fight it out to vindicate themselves and their Friends from Attainders, Forfeitures threatned In the De­claration printed at Oxford 1643 pag. 27. on Them, and sa­crifice their Lives to the justice of their Cause, then un­dergo the guilt of those aspersions; the dispute resting still upon the Question Who be Rebels? To resist and oppose the Will of a Lawfull King, may more resem­ble the name of Rebell, and in that acception the Par­liament and their Friends may by the King and His be reputed Rebels. Those who by practice or councell shall infringe or subvert the Laws and Liberties of a free-born People, although in a small degree of exacti­on and oppression (the Laws have their Metes and Li­mits, to bound out unto every man his own) are in the judgment of a Religious and Learned K. James's Speech be­fore-mentio­ned, pag. 14. Prince, no bet­ter then Vipers, Pests, and Traytors to a Kingdom; styled in these latter times evill Counsellours to the King.

The violating the ancient Law of Magna Charta, so industriously and religiously preserved by our Ancestours, and above thirty severall times confirmed in Parliament (to use the very words of the Lords and Commons as­sembled at Oxford, in their Declarations printed there) is objected against the Parliament sitting at Westminster, to be a See the Ox­ford Decla­ration, p. 19. bold & avowed transgression of the Laws and Li­berties of the People, as if the Party of those Lords and Commons were altogether free from the like trans­gressions; so they may in like manner object the vio­lating [Page 60] the late King's Grant to the Petition of Right, when they and their Party are as culpable as the Par­liaments Party are. The pillaging the Earl of Stam­ford's house in Leicester shire by the Kings Party commanding there, an undoubted and notorious Felo­ny by the Letter of the Law, all His Souldiers guilty of the same. The storming by day and night, and breaking into the Marquesse of Winchester's House in in Hant-shire by the Parliaments Party, the highest degree of Burglary. Many the like Hostile actions may be instanced in on either side, but how? In the heat of War, in the pursuit of Conquest, each Party striving which should overcome and destroy their Enemy.

One other passage of that Book as unjustly and im­probably delivered (viz.) The excuse and plausible reasons given of the King's going to the House of Com­mons, attended with so many armed Gentlemen, as the [...], in the Treatise concerning the King's going to the House of Commons to surprize the five Members. Au­thor sayes, was no unwonted thing for the Majesty of a King to be so attended, especially in discontented times. The times were not then so discontented as that un­heard of and horrid act did afterwards make them, and might have made them at that time, had but the hand of one desperate Caitiffe given fire to his Pistols ready cockt, the House of Commons being near full, and equall in number to the Forces prepared against them, no man knows how disastrous and fatall the event had been: neither could the King justly fear to be assaulted or affronted by any in the House, as the Author intimates, None in the House within, being armed an­swerable to that the King's Guard without. The Au­thor thinks that he hath handsomly palliated that at­tempt, under colour of the King's standing in need of a [Page 61] Guard, rendring those His Attendants there short of His ordinary Guard: but whether he means short in num­ber, or in forcible array, he declares not. Many other passages as improbable as these, are the discourses of the Book, too tedious to recite, the examining and search whereof is besides my purpose. It seems to have little of it of the King, it hath Elegancy of wit enough, and affectation of expressions to be applauded, inconsistent with a sound and Christian wisdom whereunto His present Condition was to be fitted: and Charity en­joynes not to think it His, when full of so many un­charitable expressions although clothed in pious eja­culations. The Author is too blame to father upon Him such intermixtures of Scorn and Piety, in some parts of it Devotion and Penitencie, in other Cen­surings and Detractings, compiled probably by se­veral Authors, the off-spring too unlike it self to be truly and unviocally begot by one and the self-same Parent. The words of Scorn are, where the Author speaking of the King's impeaching six Members of both Houses of High Treason, terms them in a dis­dainful way [ [...], pag. 11. Half a dozen] which number is all one as six, but the manner of the slighting Phrase [Half a dozen] unbecoming the grave and serious Majesty of a King, especially He being in sorrow and affliction as the Author presents Him, Not to be applyed to Gen­tlemen of quality, rather to things of cheap and mean accompt vendible in Tradesmens Shops. The whole Book, indeed, if throughly scanned, is but a fine-dressed Invective against the one, an Apology for the other Party, fitly penned to keep up the affections of His friends, to win and move compas­sion even from His enemies: for whilest the Author [Page 62] presents him innocent and injured, compassion begets affections towards the Person injured, throws dis­grace and calumny on the Persons injuring. The best, most acceptable and likelyest to be believed Tract had been, if the Author in His Book had observed and declared, that the King peradventure in the time of His greatest troubles, and when the Victory stood doubtful, did intend, as He did then profess in many excellent and winning speeches delivered at York, Shrewsbury, Nottingham and else where, to preserve the Laws and Liberties of His People, to maintain the Pro­testant Religion, the Power and Priviledg of Parliament, which He could not but foresee (take it either in the upright heart of a pious Prince intending it) that His real and sincere intentions to maintain the same were His best brest plate and safest guard, or (take it in the politick part of a cunning Enemy meaning nothing less) That such Professions were His next way to Conquer by; but when He had thereby conquered what safety or security was there to be expected, that He should not return unto and be governed by the advice of those evil Counsellors who had at the first drawn Him away, and by degrees might have wrought upon His affections to the curbing, if not to the suppressing those Laws and Liberties, to the punishing those whom He had adjudged and called Travtors, Rebels?

The High Treason charged on the Parliament by the Author in the Person of the King, softly and mildely instilled into the Readers ears in that Book, down-rightly and roughly by the divided Members sitting at Oxford in their Declaration printed there; must be understood either le Crime de Majestie or le [Page 63] Crime de Fausonnerie, The Crime against His Majesty, is either against His Person or His Honor: against His Person, as to conspire or intend His death, or to lea­vie War against Him: against His Honour, as to de­flour the Queen His wife, His daughter, or the wife of His Heir, to kill those His principal Officers of State, specified within the Statute of 25. Edw. 3. comprising all Crimes adjudged Treason. Flattery and a temporary conformity to the present and Arbitrary will of a Prince, are but shadows only, the true substance and highest degree of honouring Him is, when men in Place and Authority deputed thereunto, shall endea­vour (as the Parliament Protested and were credibly believed) to have punished all Indignities, Affronts and Crimes which had or might have been committed against the Peace, His Crown and Dignity. The other sort of High Treason is Le Crime de Fausonnerie, two ways committed, either by counterfeiting the Coyne or the Great Seal. Now with which sort of High Treason doth the King's Party charge the Parlia­ments? either with the first a purpose to destroy His Person, &c. as above recited? or the latter, the coun­terfeiting the Great Seal? not against His Person, The observing this Discourse throughout setting forth the Maner and Original of the Contention betwixt the King and His People (the Parliament only is as it were the Judg between both) doth manifest how impro­bable and untrue it doth appear, that the Parliament when five or six years since accused of Treason by the divided Members sitting at Oxford, did, then or at any time before, intend to levy and offensive War, to ima­gine or conspire the Kings Death. It is one thing ori­ginally to intend, out of malice prepensed and fore-thought [Page 64] to devise or contrive a purpose, another thing through an inevitable necessity to act a­gainst and contrary to the intention of the A­ctors. If, by the way, any exquisite or choice Wits, of a more sublimate reach then their Fellow-Subjects, did know or could have discovered any dark or secret contrivances of such intendment or conspi­racy against His Person, deeming all others of a narrow and lower capacity, ignorant and dull-spirited, they were too blame to conceal the Plot, the manner and means of effecting it: They had Power, Confidence and Liberty enough, when the divided Members being of their Party sate at Oxford, and there accused the Parliament sitting at Westminster of many treasonable Designs present, which (the quality of the Persons accusing being considered) they would leave no means unattempted to enhaunce their Power, to make good their Charge, for the Justice sake of their Proceedings. So then the Case is briefly thus, The King's Party (together with the divided Members sitting at Oxford) have in their Declarations Printed there, charged the Parliament of High Treason, which Party to make good their Charge have striven and done their utmost to enforce their own to consume the Parliaments strength, as by inviting Forreigners and Natives to come in to their assistance, yea See the Ox­ford Decla­ration pag. 26. & 27. Neutrals too, under pain of forfeiting their Allegiance and breach of Oath. The Parliament have on the other side, to defend themselves and friends from such guilt, the Neutrals also from the censure of Allegiance-forfeiting, as much contended to abate and take away the King's Parties Strength.

Whereas the Objection now is, That the Parliament [Page 65] having of late, and many years together, consisted of three Estates, King, Lords and Commons, ceases now to be a Par­liament; 'Tis answered, 'tis no less a Parliament by His death, then by His voluntary and continuated ab­sence in person and affections; Besides, to satisfie the Objectors arguing, That by want of a King there is no such Court or Government, as that the want of Him doth totally vacate both. There be other sorts of Government known to all those that have read the Politiques. Howbeit the Parliament hath heretofore consisted of three Estates (one of which is divided into two, Lords Spiritual and Temporal) Parliaments have been here­tofore held, the In the time of Edw. 1 at St Edmonds­bury, Clero excluso. Crompt. Ju­risdict. fol. 19. one excluded. If by reason of incon­venience in succeeding times they have discovered cause for the abolishing any of the other, preserving the Power and Government unto themselves, and therefore have changed the Monarchical into some other Form, They have not done it meerly as Con­querors, to give new Laws unto the Conquered, but as a just Power lawfully convened, to defend and pre­serve the old from being broken and trampled on. In their disposing and constituting a Government, there are two things to be considered, the fact of Constitu­ting, the equity and reason of the fact; as to the one, None will deny but it is within the compass of a Conquering Power to alter, abrogate, repeal and constitute: as to the reason and equity of so doing, that is to be left to the judgment and experience of those who do it. If the Court of Parliament have or shall require obedience to their Power, they require no more then what the Apostle enjoyns; Let every soul be subject to the higher Powers, for there is no Power but of God, the Powers that be are ordained of Him. And whereas They have Enacted and Declared That all [Page 66] men in offices of Trust and Qualified shall promise to be true and faithful to this Common Wealth wherein they live and from whence they hold and enjoy their wel­fare, enforcing afterwards a Subscription and Engage­ment of Fealty unto the Common-Wealth, as tis now esta­blished without King or House of Lords, the Peoples Subscription thereunto is no more, if small matters may hold resemblance with greater, then Tenants of a Mannor unto a Lord thereof, unto whom, without disputing the right or title, they promise their present Fealty. If the Lord unto whom they have heretofore done homage, be disseised by a stronger then himself, take it either of Right or Power, the Tenants are to pay their homage to the Lord that is, or by denying it become subject to be distrained to what they are worth: for it is not to the Power already past or that which is to come, but to the Powers that be, unto which Subjection is to be rendered. The Inconveni­encies may be many, discovered by their Prudence, which Common-Wealths in a Monarchy may be subject to, when Princes in their absolute and mon­archicall estate abusing their Power and Liberty, have become Tyrants over the Lives and Liberties of the People, assuming moreover so much unto themselves or having been flattered by their Creatures to believe, That they are Gods on earth, as some of the Roman Em­perors did arrogate unto themselves, That their Power is so vast, so soveraign, that the People were ordain'd for their behoof, to do and pay obedience in whatsoever they shall cōmand, not the King for the Quanquam Principes & Subditi sunt ex nume [...]o [...], tamen naturâ & temports ratione prius fuerunt insti­tuti Subditi. Principes ve­ro (nisi qui Tyrannidem usurpâ [...]in [...]) non naturá ut Patres, sed [...]uff [...]agio Subditorum & consensu, certis conditionibus, Subditorum g [...]atiâ constituti sunt. I [...]de illud Domini apud Daniel 4 32. Scias quod domineiur Altissimus in regno hominum & cu [...] voluerit dabit illud. Ex quo sequetur non Regum causâ Subdetos nasci, sed R [...]ges commod [...]s Subd [...]torum inservire debere. Pucan Institut. Theolog. tractat. de Magistrat. Thomas 1 part. 1 summa Theolog. quaest. 9. Art. 3. & 4. Peoples good, [Page 67] That Kings were accomptable to none but God for whatso­ever they do, as of late 'twas threatned. The case is now quite otherwise then in former times: Hereto­fore have been Civil Wars, None like this, consider it either in the manner for the beginning and continu­ance of it, for the opposite and cross Engagements even between the neerest friends, between Equals in all Degrees Relations and Faculties, where the en­gaging at the first might be upon a Misunderstanding only, the prosecution rests upon contending about se­veral objects, rooted now in a Contention on the one side for, on the other side against absolute Monarchy; both Parties pretending to one and the self-same End, PEACE. The difference is as a long time it hath been, about the means how Peace hath been forfeited, how lost; now how to regain and secure it when regained. The King's Party say (the moderate sort out of an un­willingness only to be Conquered, others of a fiercer spirit to be avenged on their adversaries) the surest and next way to Peace, is in the Prince his enjoying what his Father had; the Parliament judg quite contrary, for their own Safety, their Friends, and the Com­mon-wealths. For whilest the Prince seems to im­ply a threatning to be avenged on them which have been Actors in His Father's Death, as in his See them recited in the Diurnal, from the 15. of February, the 21, 1649. Letters to the Marquesse of Montrosse, and to the Committee of Estates in Scotland (amongst other things) he men­tions who those Actors be, his meaning may admit a large extent, to bring within his Censure all who have Adhered to, Fought or Acted for the Parliament, See the [...], What the late King's Parties Opinion is of the Covenant, and wherefore at the first contrived : In the Marginall Note in the 41. Page of this Book, Covenanters, Non-Covenanters, with the [Page 68] See the King's Par­ties Censure of them, in the Declara­tion printed at Oxford, 1643. Neutrals too, for not offering to defend the King. Not to defend or Forbear to Assist, is all one as to Offend. Whosoever shall look on in a Conflict betwixt two opposite Parties, his Affections questionless incline (whatsoever his Actions are) more to one Party then to the other: So Neutrals, such as have not acted for the King, being already by His Party adjudged Guilty, are subject to the Censure, and may be brought in within the compass of the Prince his meaning. On which account, whosoever have not declared them­selves to have been some way for the King, will hard­ly avoid His Parties suspition of having been for the other side, the Parliament. Now, where two Parties are extreamly opposite in their Endeavourings, the one to maintain what They have got, the other to re­cover what they have lost, the judgment and practises on either part moving in a strong opposition each to o­ther, whether the Prevailing Power need to enjoyn or not new Tyes and Leagues to conform All to the Obedience of their Power and Government? In a doubtfull Conflict, where it is not agreed which Par­ty will prevail (for it is which we may believe, either the Diurnals published by, and on the Parliaments be­half, or the Pamphletters on the King's, venting much of their Success, and hopes to recover what they have lost) it is requisite in either case that the vanquished and weaker Party should joyn and unite themselves by Engagements and Leagues to strengthen and keep up the Power they have, when a small matter of Di­viding (as whether they shall Engage or not) turns the Scale in weighing what is to be done. The cunning and wit practised by many, Disswading from a Sub­scription to such Engagement, the maner of their [Page 69] practising of an abstruse and dark operation hardly to be perceived but by it's effects, the maintenance of sedi­tion, thence a pursuit of the hopes of Conquering by keeping up Divisions, even in matters of small weight or Difficulty.

Sir, the scruple which some make, disputing the quality, the reason of the Engagement which the Par­liament hath enjoyned, is [That it is strange and new which the People are to subscribe unto.] A St. Augu­stine. Father of the Church shews what is to be expected in an Innovation in a Common-wealth, Ipsa mutatio quae utilitate adju­rat, etiam novitate perturbat. The novity and the not examining the necessity of their enjoyning such En­gagement to bring all men into one and the same en­tire judgment and agreement, the Enemy (divided now into several parties) his aym to keep men from accord and unity under pretence of the Conscience in­snared, inthralled by such Engagements, have raised these doubts to the hopes of a new distraction.

Besides the Novity of a strange and unheard of En­gagement to be imposed, other Discontents and heart­burnings are cherished, as in the Nobility to be de­truded from their Priviledges and Rights of sitting in the House of Parliament as Peers, to joyn with the Commons in the debate and handling the weighty affairs of the Common-wealth, as that those Lords who have been active and assistant, both in their E­states and Countenance, to promote the good of it during these Distractions, may think themselves neg­lected and ill-rewarded to be now debarred from their Ancient and Native Liberty of Voting in the House. The Reason of the Parliaments enjoyning of the Peoples subscribing to this Engagement, rests upon [Page 70] the issue of these Questions. Whether there be a Neces­sity or not of entring into such League or Engagement: Whether the Conquest be fully made, or there need no En­gagement for compleating it? Whether the Kingdom of Ireland be reduced and brought into it's former relation and commerce with this of England, that there be no dan­ger or fears of breaking out again, when it shall be so re­duced? Whether through and by reason of the continuance of these Distractions, which the Parliament would put a period unto, were they not so much opposed and inveighed against, this of England be not in danger of loosing their ancient Rights and claims, their Freedom and Priviledges of Commerce and Traffique, which heretofore they have enjoyed? See this Question in part cleared, pag. 40. in the Scots part­taking with the King con­cerning one remarkable Article of the large Treaty a­greed upon, August 1641. Whether that of Scotland remain in the same condition of Amity and Brotherhood, as in their League and Covenant with England they at first united in? Whe­ther whilest that is in dispute, we may rest secure from an hostile Invasion from them or Forreigners? Whether by these unnecessary Disputes and dissentions here at home, the Common-wealth be not in danger to loose that in the twink­ling of an eye, which hath cost so much Treasure, Industry and Blood (for the Powers that be, once shaken & becoming weak, will soon fall) most men being apt to lay hold on the Noli in ca­ducum paric­tem inclinare, Lipsius Polit. Polititian's advice [Not to lean on a weak and tot­tering wall] The Judgment and knowledge of deci­ding this, rests in the Prudence and Experience of the State: who after a long time casting and consulting what was fittest to be done, what safest course to be taken for the strengthning and support of a firm and present Government, have Resolved upon an Univer­sall Engagement in such manner and form as to their Wisdoms seems most expedient, and They have ac­cordingly Declared and Ordained, that They know­ing [Page 71] the justness of their Cause, ought in relation to the security and maintenance of their Power, to the Preservation of a firme and lasting Peace, to use all expedient and lawfull means against the violent and restless Opposition of their Enemies; None so safe as by an Engagement and Subscripti­on thereunto, Which if throughly weighed, crosseth no former Vow or Oath either of Protestati­on, Covenant, See the Oath of Al­legiance and Supremacie and why the taking it was enjoyn­ed in this Treatise, pag. 51. Oath of Allegiance or Supremacie, the Subscriber only promising to be true and faithful to the Common-Wealth as it is now established without King or House of Lords. Not that the Nobility are thereby ex­cluded for ever from their Priviledges, as to succeed­ing Parliaments, if these continued Divisions beget not an universall ruin taking away the succession of Parliaments to be hereafter had, nor from an Envy or Neglect had by the House of Commons to take the Lords away, as hath been of late seditiously given out (for so the Gentry (of which the Parliament them­selves consist) being in the next Rank to the Nobili­ty, may fear their turn is next to be thrown from their station also and all become Levelled) but that the Per­sons and Estates of such of the Lords as have assisted the Court of Parliament in the time of their extremi­ties may hence be preserved from ruine, as of others also of the Nobility whom the Enemy reckons since their first engaging for the King, to be offenders now, for their late submitting to their Compositions for Delinquency, for their complying with the Parlia­ments Votes; howbeit thereby they are free from mo­lestation for the future, whilest the Parliament main­tain and keep up their Power. Wherefore it is resolved that an universal Engagement shall be had as a Bond [Page 72] and League to bring all men into one and the same judge­ment, that from an Mr. Lambard's Eirenarch. lib. 1. cap. 2. in in his Tract on K. Edw. 3. His Writ direct­ed to the High Sheriff of Kent for the proclaiming a Peace, where he speaks first of uniting mindes, then of restraining hands as a means to the Preservation of the Pub­lique Peace. Unity of mindes, a Restraining of the hands may ensue, in order to the setling of a firm and last­ing Peace. Admit that these Doubts were unquesti­onable, these Dangers so removed and taken away, to our best advantage and security, that there needed no Engagement or League to bring all men into one and the self same minde; yet the constant prejudice and ill-will which the Enemy hath to the Parliament and their Proceedings, causeth him, with many more of his kinde and spirit, to dislike and refuse the Engagement, because the Parliament hath enjoyned it, and for no other cause, then to quarrel with and oppose their Authority.

The other sort of High Treason, wherewith the Parliament stands charged, is, The making a new See the Ox­ford Decla­ration, page 21. Great-Seal, counterfeiting the Kings: Observe Sir the justness of such Charge. The Great-Seal an instrument of State, whereby Justice is derived and distributed to the People, as the divided Members at Oxford do confess, being surreptitiously and vafrously taken away from the Parliament, the Representative Body of the People, contrary to the Trust reposed in the Keeper of the same, the making of a new one cannot be rightly judged Counterfeiting, within the mean­ing of the 25 Edw: 3. Statute. Counterfeiting is a close and covert act against the knowledge and privity of a Su­perior and lawful Power, damnified by such Coun­terfeiting; nor is every thing which is made to the mould by which 'tis made, a simply Counterfeiting: [Page 73] The quality of the offence is discerned in the maner of the offending, and the making a Law commonly relates to some preterite crime or fraud: Now you will believe it is no where to be found upon Record, where­on to ground a Law, That a King and Parliament have at any time made use of any Great-Seal, to cross or thwart each others Actings: Many other Accu­sations of this kinde are charged on them, See the same Declaration, pag. 27. as Di­sturbers of the Peace, Authors and Fomentors of this, they call, Rebell on, and what else Malice and Re­venge can invent divulge to render Them and their Actions infamous. But to return and shew the Roy­alist his next hopes of prevailing, shadowed out even now. By attempting to bring in any Forreign Force, how wilde or barbarous soever they be, how hard to get them out again out of this plentiful and flourishing King­dom, yeelding them all provisions, all Habiliments of War to strengthen themselves in This, as to provide for their next attempt elswhere after they have destroyed and harassed This, not knowing how to distinguish be­tween Presbyterian, Independent and Royall Party, and this to be driven on by him (in an hazardous and uncertain way) out of revenge and thirst to regain unto himself his power again, long since forfeited through his mistaken Loyalty, certainly through his disaffection to his Native Brethren of the same Kingdom; or without considering, which wise men should, that a small Forreign Force, un­less aided by a discontented Faction here at home, will not do the work, a great one will destroy and overrun them also, which is easie and obvious to every vulgar ca­pacity to foresee : for what Forreigner can be thought of to invade this Kingdom, whilest the Natives thereof are [Page 74] true unto & at unity within themselves? If it be objected, That the Subjects of This, taking up Arms to defend themselves will prove a leading case to the People in other States and Kingdoms to do the like. Tis answered, The Government of This differs from all Forms of Government in other Nations, This being no absolute but a limited and mixt Monarchy where the King is (as a great Bracton lib 4. Lawyer takes his Dimension) Vniversis minor, habet Superiores, Deum, Legem per quam factus est Rex, Curiam scilicet Comi­tes, Barones, &c. The Laws Customs and Consti­tutions of This are distinct and different from all other Nations in the Christian world, others being Free-States simply and absolutely Monarchies, or Powers inforcing and conforming all under them to slavery and vassaladge. So that if a Forreigner shall at­tempt to invade This, it cannot be deemed he doth it from a sense of a like suffering with the King or to asist Him, rather to enrich himself, to prey upon the wealth and opulencie of a fruitful and flourishing Kingdom. Your last Objection, That the Army's most noted Mr. H. P. Preacher is (as you have heard) a disguised Jesuite; Other the like Falshoods put upon him, of late reported, which few men besides the reporters do believe and scarsly they. If these Objections prove untrue or easily answered, the disgrace will recoyle and injure them who lay them on. Sir if a man hath a minde to quarrel 'tis easie to finde a staffe. Your Eminencie and Credit in your Country let in two Inconveniencies, A danger to be tempted by the opposite Party to comply and fall in with them, when mean and weak men are let alone, The other that it will fare with you in your Defection as spots and soiles in fine cloth; the finer the cloth the easilier the soiling is dis­cerned, [Page 75] in ordinary and course Cloths it is not so. No question there are those in several parts of our Neighbor­ing Counties who may instill into your Ears a likelyhood of the King's Party's prevailing, upon their prevailing the Dangers whereunto you and the rest of His Enemies are subject, also the weakness, the often failings, the inique or unfit Proceedings of the Parliament, in prefer­ing for the present Persons of a lower Degree then ordi­nary to Places and Offices of Trust; when as They were forced thereunto in that men of an higher rank discontented that their side cannot prevaile refuse to bear such Offices: In their Fining and Punishing the King's Party for De­linquency, although not in so high and severe a way as the King's Party would have Punished Them in case they had prevailed; In continuing Taxes and Impositi­ons upon their fellow Subjects for the maintenance of their Power and Army, Their Enemies not weighing the exigence and necessities which the Parliament is forced unto, but moved by their own prejudice and spleen a­gainst the Proceedings of that Court, and resolvedly en­gaged for the King to make such men as you to be of their Party, but that we know you can out-argue them, the strength and quickness of their and their Party's argu­ments resulting meerly from their pretence of Loyalty, or from that fierceness & height of spirit occasioned through the greatness of their Estates, therefore envying and are troubled to be over-born by men of lower fortunes. And this may give the hint of the vain surmise, That the Parliaments Design is to make the Estates of all men equall, to introduce a Levelling, when as men of great estates and spirits are armed with power to oppress and side with an Enemy against their meaner Brethren.

[Page 76] Sir, If there be but a Defection in part, or abatement of constancy, which every occurrent of discontent height­ned by your spirit, will or may soon turn into a totall De­fection in Persons so eminent as you, in other Counties as in this, consider what a Revolution of all things must then happen, how dangerous and fatall the effects will be, to render all men in all places engaged any way for the Parliament interpretably against the King, all Towns and Counties not consonant to the King's will when this War began, to be anew questioned, all Places and Offices by Ye conferred, all Commissions and Grants by Ye made, all Constitutions by Ye, or under Your Authority established, to be disturbed (the Persons accepting and invested in the same, exposed to Reproach and Scorn) by a new moulding and alteration to be had upon a Re-Conquering, in case such a chance should befall this Na­tion, and in mans apprehension cannot, unless your Divi­sions shall let in such Confusion and Misery, That those who have been your Friends, shall upon Punctilioes & pet­ty Differences become your Enemies & Accusers, after­wards a prey themselves to the first and common Ene­my. Your active and constant Industry cannot degene­rate into a revolting now. This reciting your Actions here, will assoil you from the suspition; and leave a deeper Impress of your meritings, then any outward commerce or compliance can raze out. You may for ought we know deal with as reserved a subtilty to promote your first undertakings, as the Adverse part think that you do to promote theirs. Lastly, this you may see in the sum of all, That if the prevailing Party in a Division shall di­vide according to their varying judgments, then subdi­vide, after subdivide again, there will be no end of such [Page 77] Dividings, untill the number of your whole Army be re­duced into few or none, and shattered in pieces, as your Enemies would have it, even as dust before the winde. For instance sake; The Kingdom did at first divide into a Party for the King, another for the Parliament, The Parliaments Party upon their Conquest did divide into Presbyterian, Independent; the Presbyterian if they shall prevail, may divide into a Scottish rigid Presbyterian, and an English Presbyterian of a milder test, and to be new moulded to the Conquerours fashion: If the Independent shall prevail, they may rend into new Sects and Divisions, and the prevailing party in such Sects may divide again, so there wil be no end of Dividing till all be lost and scat­tered. Neither is it your, or your opposite parties fault a­lone, but the fault of both to weaken and consume Ye both. And what my fault is (the weakest of the Well-willers to your accord) I shall as willingly listen and sub­mit unto: I fear my plain dealing, which you'l say might have been spared, and my selfless blameable. No­thing less

Your faithfull Friend to serve you. S. W.
FINIS.

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