NOT GUILTIE Plead for the LORDS, and others, of the KINGS Partie.
THE PREFACE.

THe justnesse of the KING'S Cause, is the justification of His Party, in the late Warres.

Whereas then, the late pretended High Court of Iustice charged His Majesty, That He leavied Warre against the Parliament for erecting and uphol­ding in Himself an unlimited and tyranicall Power, to rule according to His will, &c. It will be necessary, for the vindication of His Party, to shew first, That the KING took up Armes to maintain Regall Government, and His Legall Power only.

And whereas they alle [...]ge, in their Charge, That the KING leavied War against the Parliament [first] at Beverly, about the 30 of Iune, 1642. I will make it cleare, from their previous words and actions, that they were first engaged in Treason and Rebellion, against the KING, and against the Crowne; for which they have no warrant or protection by the Priviledge of Parliament. And the Subjects are bound by the Law, and by their Allegiance to Serve the KING against every Rebellion, Power, and Might, rear'd against Him within this Land, 11 Hen. 7.1. And if the KING shall happen to be vanquished, Subjects shall not suffer any thing, for the said Deed, Duty, and Allegiance: And all Acts of processe of Law hereafter to be made to the contrary, are to be void, Ibid.

TO passe by the two Bills brought into the House of Commons, for taking away Bishops root and branch, Two Bils a­bout Bishops & the Militia, Husb. p. 251.543. And for taking the Militia from the KING, and set­ling it in other hands, (both which Bills were re­jected in a full and free Convention of Parlia­ment.) Also to passe by the Tumults raised in December and Ja­nuary, Tumults in Ian. and De­cemb. 1641. 1641. For reviving and carrying on the Bills before rejected, by driving away the dissenting Members, and new moulding the two Houses of Parliament.

The beginning of the Wārre between the King, and a Party of the Lords and Commons in Parliament.

The remaining Party of the Knights, A Party of the House of Com. petition for the Militia. Citizens and Burgesses of the House of Commons possessed with feares and jealousies of a Designe to destroy the Parliament and Kingdome, petition His Majesty that He would be pleased forthwith to put the Tower of London, and all other Forts, and the whole Militia of the King­dome, into the hands of such Persons as shall be recommended by them, Jan. 28. And the same Petition to His Majesty is re­newed by the remaining Party of the Lords and Commons at Westminster, Feb. 2.

Also they tender to His Majesty an Ordinance for setling the power of the Militia in the two Houses of Parliament, Their Ordi­nance for set­ling the Mi­litia. Feb. 24.

Which Petition and Ordinance begot in His Majesty also fears and jealousies, The King his feares and jealousies. of a Design against Himself, and against the Crown, to take away His Rights, and to alter the fundamentall Laws and Government of the Kingdome, as appears by His Answer, Jan. 28.

Neverthelesse (to comply with them) His Majesty promised, The Kings con­descentions, touching the Forts & Castl. The Tower of London. that the Forts and Castles should alwaies be in such hands, (and only such) as the Parliament may safely confide in, Jan. 28.

Also His Majesty accepted of Sir John Conniers to be Lieute­nant of the Tower of London, in place of Sir John Biron, Feb. 11.

Lastly, The Militia of the Kingdome. He accepted of the Lieutenants, by them nominated, to be intrusted with the Militia of the Counties, and offered to grant them Commissions, and Powers, as He had done this Par­liament to some Lords Lieutenants by their advice; promising also to continue the same so long as there should be cause, Feb. 28.

But they are not herewith satisfied; and they inforce their Petition, Their Vote for setling the Mi­litia. March 1. And set forth a Declaration of the grounds of their Feares and Jealousies, March 9. And they Resolve, and Vote, That in case of extreme danger (as at this time) and upon His Majestics Refusall, the two Houses of Parliament have power to Order the Militia of the Kingdome; and the Ordinance a­greed on by both Houses for the Militia, doth oblige the People, and ought to be obeyed, by the fundamentall Laws of the Land, March 15.

Now (in farther compliance) His Majesty condiscended, The Kings far­ther complianc' with them. 1642 That as the Militia was disposed according to their desires, So it [Page 3]should not be executed without their advice, April 28.

And then also He granted the same for the Corporations, which He had done formerly concerning the Counties.

But nor doth this satisfie them: and secure they cannot be (in their own opinion) unlesse they have the sole power of disposing and executing the Militia without the KING. Nor unlesse they have the Navie Royall also, which they seized, and disposed of, March 28.

Now whether those Lords and Commons did put themselves into the Strength of the Kingdome, to prepare against Danger, They seize the Navy Royall. Note. Ier. 17.9. or for a Designe, the consequents must shew: preceding Actions of this nature (by reason of the deceivablenesse of the heart of man) being not to be rightly understood, but by the subsequent Managements.

And in their deportment afterward, I find more of confidence than of feare, more of audaciousnesse against the KING than of solicitousnesse for the Kingdome; an endeavour rather to sub­vert and destroy, than to preserve and maintaine the fundamen­tall Constitution and Government of the Kingdome and Parlia­ment.

Sir John Hotham keeps the KING out of Hull, April 23. Their deport­ment towards the King. Sir. Jo: Hotham. and the two Houses justifie his trayterous Act. April 28. I call it a trayterous Act, because to hold a Fort or Castle against the King, is to leavy Warre against the King: which is High Treason by the Statute of 25 Edw. 3.

Not long after, Mr. Martin saies openly in the House of Com­mons, M. Martin. and unreproved, That the KING's Office is forfeitable, and that the happinesse of this Kingdome did not depend upon His Maje­sty, or any of the Royall Branches of that Root.

And Sir Henry Ludlow, Sir H. Ludlow. That He was not worthy to be King of England; which doubtlesse was the sence of the Parliament; for May 26. both Houses declare, Of Deposing and Murdering the KING. That thry should not want duty or modesty if they followed the highest presidents of other Parlia­ments: that is, if they should depose and murder the King, as other unparalleld Parliaments had done, Edward & Richard both the Second.

The Crowne it self cannot escape them. They declare a­gainst the Kings negative Vote. For in the same Decla­ration, they deny the KING's Negative Vote in Parliament.

[...]
[...]

And to deprive the King and Crown of their power, not only in Law making, Their Proposi­tions destru­ctive of Mo­narchy. but also in Governing, June 2. They offer to His Majesty Propositions destructive of Regality and Monarchie, viz. For the two Houses of Parliament.

1. To nominate the Lords of the Privy Conncell, and all the great Officers and Ministers of State, and the chief Judges of the Land.

2. To reforme Church-government, and the Liturgy as they shall think fit; and to call, and consult with Divines to that pur­pose.

3. To dispose and execute the Militia of the Kingdome, ac­cording to their Ordinance.

4. To approve those to whom the Command and Custody of the Forts and Castles shall be committed.

5. To admit such Peeres as shall be made hereafter, to sit and vote in Parliament.

And June 10. Why those Lords & Com. took up Arms. They sent forth Propositions for bringing in Plate and money, and raising an Army, To make good what they had taken from, and declared against, and proposed to his Majesty; viz. To keep the Forts and Castles, and the Militia and Navy from Him; and to take from Him, and from the Crown, the power of Law making, and governing the Church and State: and to depose, and to destroy Him; and to root out His Posterity, together with Monarchy.

And is not this by force of Armes to shake off the yoks of subjecti­on, and to Rebell?

Whereupon, Why the King took up Arms. The Kings War vindicatory & desensory. June 16. His Majesty in like manner published Propositions to his Subjects for bringing in Money and Plate, to raise an Army, for recovering the Forts, Castles, Militia, and Navy; and for maintaining and defending his Negative Vote, and the Power of the Crown, in Law-making and Governing; and for de­fence and preservation of his-Royall Person, Dignity, and Posterity.

And is not this to take up Armes, for suppresing Rebellion, against himselfe, his Family, and the Crowne?

And what the Lords and Commons declared, and proposed from the beginning, against the King, and against the Crowne, the same in every particular did they demand in their Treaties at Oxford, 1642. and at Ʋxbridge, 1644. And in prosecution of those [Page 5]Demands, and of their Rebellion, did they prosecute, and continue the War, untill they had subdued the King and his party, 1646.

And the King being wholly in their power, 1647. at Carubrook Castle, they sent him 4. Bils, with new Propositions of Peace, which we had not knowne, but by the Answer of the Scots Commissio­ners, and they tell us,

  • 1. That the Preface compared with other parts of the Propo­sitions,
    The Propositi­ons the same as formerly; and so the Grounds & ends of their War are the same.
    takes away the Kings Negative Voice, and cuts off all Roy­all Power and Right in Law-making.
  • 2. That they divest the King, his Posterity and Crowne for ever of all Power and Right of the Militia.
  • 3. That they deprive the King of conferring Titles of Honour, and of disposing of the great Officers of State, and the naming of Privy Councellours.
  • 4. That they take away the Court of Wards, and Forrest Lands from His Majesty.
  • 5. That the Four Bils were as followeth,
    • I. For setling The Militia of England and Ireland in both Houses of Parliament, and for raising Money for Maintainance of Forces at Sea and Land, by the two Houses of Parliament.
    • II. For justifying the Proceedings of Parliament in the late War.
    • III. That all Peeres lately made, or to be made hereafter shall not sit or vote in Parliament, but by the consent of the two Houses.
    • IV. That the two Houses shall have power to adjourn at pleasure.

And, that these their Propositions and Bills conteine the ends for which at first they engaged in this Warre; and which they have fought for, and for which so much Blood hath been shed, themselves tell us plainly, in their Declaration concerning the Scots Papers pag. 6. 20. 28.

And doth not this justifie the King and His Party, They Iustifie the Kings War. their Cause, and Warre, for vindicating, and maintaining the Respective Powers, and Rights of the Crown?

Their Proceeding also then (Relating to His Majesties Ter­son) were according to their above-mentioned Speeches and De­clarations.

For, as when at first His Majesty put Himself into their hands, they restrained Him at New-castle, and Holmeby; so upon refu­sing their 4 Bils did they strictly Imprison Him at Carisbrooke-Castle; Their resoluti­on to settle the Government without and against the King. and never was a KING of England Imprisoned by His Subjects, but he was Deposed & Murdered. In Order whereunto they passed those Votes, Of making no more Addresses to the King, nor receiving any Message from Him, Jan. 1. And they set forth a Declaration expressing the Reasons of those Votes, Febr. 11. And the Army resolved to live and die with them, They prosecute the King and His Posterity in order to the overthrow of Monarchy. in maintenance of those Votes, and in setling their designed Government without the KING, and against Him, Jan. 9. And though they seem to prose­cute the King upon emergent provocations (that He made Warre against them, &c.) Yet from Mr. Martin's Speech and Sir Henry Ludlow's, and from the Declaration of the two Houses of Par­liament (before Armes were taken up, and before any Proposi­tions sent to the King) it appeares that from the beginning they had a Designe against His Majesty; and what was spoken and declared then, is agitated and pursued now, (as then) meerly in Order to their great Designe against Royalty, and against Monarchy.

In order whereunto they declare now against the Kings Family and Posterity, also, who cannot be (if His Majesty were) guilty of any thing in relation to the Warre.

But Usurpers are ever Murderers, Vsurpers sever Murtherers. 2. Reg. 11.1. & Matth. 12.38, 39, &c.

And doth not this justifie the KING and His Party, their Cause and Warre, for preservation of His Royall Person, and Po­sterity?

The renewing of the Warre, 1648.

NO mervaile then, The grounds of renewing the Warre. if the Warre now renewed the last yeare, by, and on behalfe of His Majesty upon the same Reasons and grounds, that Himselfe at first undertooke it: (viz.) For re­covering the Forts and Castles, and the Militia, and the Navy, taken and detained from His Majesty, and for defending, and maintaining the KIN'S Negative Vote, and the power of the KING and Crown, in Law making and governing; and for delivering His Ma­jesty out of Prison; and for preserving the Royall Posterity.

And when they were visibly acting, By his Maje­sties Loyall Subjects. and compleating their trayterous and rebellious Designes upon the KING, and against the Crowne; how were all His Majesties loyall Subjects to rowse, and arme themselves, for the rescue of the KING, and of the Crowne; being bound by the Oath of Allegiance, to beare faith and true Allegiance to HIS MAJESTY, His Heires and Successours, and Him and Them to defend to the utmost of their power, against all conspiracies and attempts whatsoever, which shall be made against His, or their Persons, their Crowne and Dignity.

And how could the abused and misled People of the King­dome but be enraged against you, By the misled People of the Kingdome. who under the pretence of preventing a present Danger, wound themselves into the chiefe Power and Government of the Kingdome. And under the spe­cious pretences of fighting for Religion and Liberty, ingaged them in the maintenance of their usurpation, and made them instru­mentall to promote Rebellion.

And considering their Protestation and the Nationall Cove­nant, how should English and Scots both endeavour to bring to condigne punishment those Pests of the Common-wealth, who have not onely themselves done contrary to those Oathes, but have forced others also to doe the like, in all things concerning the KING, His Person, His Posterity, Nis Honour, His Estate, His Authority, His just Power, and His Gr [...]nesse; which they Cove­nanted should not be For why? Crimen lase vel Dominatae Ma­jestaris, is High Treason. diminished: and so through their dis­loyalty and perjury are like to involve us in new difficulties, and inextricable, unexpressible, unconceivable troubles and mischiefs.

The true state of the late Warre.

THus, upon the whole matter, a Rebellious Party of Lords and Commons assembled in Parliament, tooke up Armes, to overthrow the Fundamentall Constitution and Government of the Kingdome; and to destroy HIS MAJESTY and His Royall Family, together with Monarchy: And the KING tooke up Armes to suppresse this horrid-Rebellion: And His Subjects, according to their bounden duty, served Him in His Warres; both in the first, and in the second Warre: And for this service in both, I pronounce them, NOT GUILTY.

Postscript.

Reader,

WHereas the KING is farther charged, by the late Warre, to have violated the Oath taken at His Coronation, there is nothing lesse.

For, by that Oath He binds Himselfe, as to protect His loyall Subjects, so to doe justice upon Rebels and Traytors.

Saint Paul also tels us, That the higher Power is to pro­tect and punish, both.

Wilt thou not be afraid of the Power? doe that which is good, and thou shalt have praise of the same.

For, he is the Minister of God to thee for thy good; But if thou doe that which is evill, be afraid, for he beareth not the Sword in vaine; for he is the Minister of God, a re­venger to execute wrath upon him that doth evil, Rom. 13. v. 3, 4.

And they who set up Judicatories, and Courts of Justice, not by Gods Authority, but the Peoples pretended Power, and proceed not as His Ministers, but as their Officers, doe not indeed execute Iustice, and Iudgment, but kill and murder, under pretence of Iudgment and Iustice.

O consider this you that forget God, Psal. 50.22.

FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.