6

to levy forces to begin the war, they took the King's authority along with them for company, and raised them in the name of the King and parliament, the better to seduce the people to a blinded rebellion. As for the enemies of the kingdom, against whom the subjects were to arm themselves by appointment of the houses, I can tell of none; no, nor they neither, as I take it, unless they saw them in their dreams. And, for your posture of defence,' as you please to phrase it, (besides what I have proved before, That even defensive arms are absolutely unlawful on the subjects part) the war hath been offensive, plainly, on the part of the houses; which as it was contrived and followed without the least colour of necessity to induce them to it, so did it aim at nothing else, than the destruction of the King, and the alteration of the government; which are the purpose and design of all rebellions, as before was told you.

28. Q. How prove you, that the parliament did begin the war; that, on their parts, it was offensive, not defensive only; or that they had a purpose to destroy the King? If you can make this good, you shall gain me to you.

A. This point hath been so agitated and discoursed already, that it were but labour lost to speak further in it. The votes and orders of the houses for putting the kingdom into a posture of war; the taking into their own hands the whole militia of the kingdom; raising of money, men, and horses in all the quarters of the land; mustering their newraised horse and foot in Finsbury-fields and Tothill-fields; seizing upon the arms and ammunition, which the King had bought with his own money, and laid up in his own magazines, before the King had either money enough to pay a soldier, powder enough to kill a bird, or men enough about him to guard his person from any ordinary force and violence: What was all this, but a beginning of the war? And who did this, but some prevailing men in the two houses of parliament, under the name and stile of the Lords and Commons? Then, for the managing of the war, if it had been defensive only, as you say it was, What needed a commission to the Earl of Essex to kill and slay all such as opposed these doings? What needed they to have sent some part of their forces into Hampshire, to pluck the town of Portsmouth out of the King's hands, which, by reason of the distance of it, could not do them hurt; another into Dorsetshire, to beat the Marquis of Hertford out of Sherbourn Castle; a third, and that the greatest part, as far as Worcester, and beyond it, to find the King, and give him battle, before he was within an hundred miles of them? What needed they have sent their emissaries into all the counties of the kingdom, to put the people into arms, in which the King had neither power nor party that appeared for him? Or to exhaust the blood and treasure of this nation, under pretence of settling their own privileges, and the subjects liberties, when the King offered more, by his frequent messages, than they had reason to expect? Doubtless, they could pretend no danger, as the case then stood, which might necessitate them to take arms in their own defence; and therefore, now of late, they have changed their terms, and do not make the war defensive merely, but in part preventive. It seems, their consciences told them what they had deserved; and so, for fear the King

might right himself upon them, when he should be in power, they thought it best to strike the first blow, and begin the quarrel, in hope to make such sure work of it, that he should never strike the second. But, to say truth, the war was not preventive neither, on the houses part, but a design that had been plotted long before, and was made ripe for exe cution, when there was neither ground or colour to possess the people with the fancy, That the King intended force against them. For what purpose else did Sir Arthur Haslerigge and Mr. Pym sojourn two years together with Mr. Knightly, so near the habitation of the good Lord Say? To what end held the correspondence with the discontented party in that country, and took such pains in canvassing for knights and burgesses (when this present parliament was called) in most counties, &c.? Or to what end and purpose had the zealous citizens so used themselves unto their weapons, frequented the artillery-garden, and stored themselves with arms in so large a measure, but that they were resolved to be in readiness, when the time should come? This, if it

were not a design, must be done by prophecy, not in the way of a pre

vention.

29. Q. But to the other point you spoke of, touching the purpose, which you say, they had to destroy the King; can you make any proof of that?

A. I have already told you, from the mouths of our greatest lawyers, that all rebellions aim at no other end, than the destruction of the King, and the change of government; and that this end was aimed at, more especially in this particular rebellion. I shall tell you now, you cannot chuse but call to mind, with what heat and violence, multitudes of the rascally people, as they flocked towards Westminster, clamoured against his sacred majesty, even at Whitehall Gates; and how seditiously they expressed the secrets of their traiterous hearts: Some saying openly, as they passed along, That the King was the traitor; some, That the young prince would govern better; and others, of a more transcendent wickedness, That the King was not fit to live. Next look upon these very men, for, out of them, the body of their army was, at first compounded, trained to the wars, well-armed, and marching furiously to find out the King, against whose sacred person, and most precious life, they had before expressed such a dangerous malice. Then add to this, that, when they came unto Edge-Hill, they bent their cannon more especially, and spent the hottest part of their shot and fury, towards that part of the battle, in which, according unto that advertisement, which the villain Blague had given their general, a man as full of discontent and malice, as the worst amongst them, the King in person and the two young princes meant to be. Put this together, and compare it with some subsequent passages, which have been desperately vented in the house of commons, touching the deposition of the King, without check or censure; and the inviting of a foreign nation, to invade this kingdom, the better to effect their business; and tell me, if you can, what is aimed at else, than the destruction of the King, and his royal issue?

30. Q. I must confess, you put me to it, but I must take some time to consider of it, before I tell you what I think. In the mean season, I have one more doubt to propose unto you, which if you can remove, I am

wholly yours. The name of parliament is sacred to me, and I am loth to scruple any of those actions, which receive countenance and autho rity from that awful body, Can you make proof, that the party, which remains at Westminster, have not the full authority of the two houses of parliament ? If you could make that clear, then the work

were done.

A. I dare not take that task upon me, it is too invidious: But I shall offer these few things to your consideration: First, It should seriously be considered, Whether the King, whose presence, as the head of that awful body, gives life and motion to the acts and results thereof, do purposely absent himself to make their consultations frustrate, and their meeting fruitless; or that he hath been driven from them, by force and violence? Secondly, Whether such considerable numbers of the lords and commons, as are now absent from the houses, have left the houses and the service, for no other reason than for compliance with the King, and to serve his ends, in hope of getting honours and preferments by him, or on the motion made by the rascally multitude, to have the names of these given up, who voted not with Say and Pym, and other the good members of both houses? Thirdly, What mischief would ensue both to the church of Christ, and the states of Christendom, if, when the greater and sounder part of parliaments and general councils, shall be driven away, either by the threats and practices of the lesser, and the worse affected; the less and the worse affected part may have the reputation of the whole body, and their actions counte nanced by the name thereof? Fourthly, Whether it be not one of the greatest prejudices, which the protestants have against the council of Trent, that it was held in an unsafe place, which they could not come to, without danger; and that the prelates, there assembled, were so prelimited by the pope's instructions, or awed with an Italian guard, which was set upon them, under pretence of safety to their persons from affronts and injuries, that they had neither freedom to debate the points which were there propounded, nor liberty of suffrage to determine of them? Fifthly, Whether, the King calling the expulsed party of the lords and commons, to some other place, and summoning all the rest also, to assemble there, may, not with greater reason, take unto themselves the name, the power, and reputation of a parliament, than the remaining party now at Westminster, consisting seldom of above an hundred commons, and sometimes not above three lords, have challenged and usurped the name of the two houses? Sixthly, and lastly,

31. Q. Hold, I must interrupt you there. The King, by writ, appoints his parliament to be held at Westminster; and, by a subsequent act, or statute, hath so bound himself, that he can neither dissolve nor adjourn it, without their consent; How can he then remove it to another place, than that which was first appointed?

A. No doubt, but he may do it with as good authority, as the two houses, or either of them, may adjourn to London, which you cannot choose but know hath been often done, since the beginning of this' session. For though they sit not there as houses, but by turning either of the houses into a committee of the whole house: Yet this is but an

artifice to elude the writ, and act their business in a place of more advantage. The change is only in the name, but the power the same. Witness those votes and declarations which they have passed and published in the said committees, as binding and effectual to their ends and purposes, as any thing transacted in their several houses. Nor is the place so necessary and essential unto the being of parliament, but that the major part, with the King's consent, may change it, if they think it profitable for the commonwealth. Otherwise, we might say of parlia ments, as once Victorinus did of christians, Ergone parietes faciunt Christianum? Is it the place, and not the persons, which do make a parliament? Or grant we, that of common course, the houses cannot regularly be adjourned to another place, but the adjournment must be made in the house itself; yet this is but a circumstance, or at most a ceremony, not of the substance of the work. And if that speech of Cæsar carried any weight (as all wise men conceive it doth) Legem necessitati cedere oportere, That even the strictest laws must yield to the necessities and uses of the commonwealth: No question, but so slight a circumstance, as that of place, must needs be thought in the present business, is to give way unto the peace and preservation of this wretched kingdom.

32. Q. These points I shall consider of, as you have advised; only, at present, I shall tell you, that I am very well resolved of the unlawfulness of this war against his Majesty, and think them guilty of rebellion, who either laid the plot thereof, or have since pursued it. Tell me now, for the close of all, what punishment the laws do inflict on those who are convicted of so capital and abhorred a crime?

A. You cannot be so ignorant of the laws of England, as not to know, That a convicted rebel is condemned to be hanged, drawn, and quartered, his belly to be ripped up, and his bowels to be taken out, whilst he is yet living, his head and limbs to be advanced on some eminent places, for a terrible example unto others, his blood attainted, his estate confiscate, his possessions forfeited. The civil laws go somewhat further, and execute them after death in their coats of arms, which are to be defaced and razed, in what place soever they are found: Rebellium arma et insignia delenda sunt, ubicunque inveniuntur, as Bartolus hath it. I end, as I began, with the book of Homilies; 'Turn over and read

the histories of all nations, look over the chronicles of our own country, call to mind so many rebellions of old time, and some yet fresh in memory; you shall not find that God ever prospered any rebellion against the natural and lawful prince, but, contrariwise, that the rebels were overthrown and slain, and such, as were taken prisoners, dreadfully executed. Consider the great and noble houses of dukes, marquisses, earls, and other lords, whose names you shall read in our chronicles, now clear extinguished and gone, and seek out the causes of the decay, you shall find, that not lack of issue, and heirs male, hath so much wrought that decay, and waste of noble bloods and houses, as hath rebellion.'

'Who can stretch forth his hand against the Lord's anointed, and be guiltless?' 1 Sam, xxvi. 9.

VOL. V.

My son, fear thou the Lord and the King, and meddle not with them that are given to change; for their calamity shall rise suddenly, and who knoweth the ruin of them both?' Prov. xxiv. 21, 22.

ARTICLES AND ORDINANCES OF WAR,

FOR THE PRESENT EXPEDITION

OF THE

ARMY OF THE KINGDOM OF SCOTLAND.

By the Committee of Estates, and his Excellency, the Lord General of the Army.

Edinburgh, printed by Evan Tyler, printer to the King's most excellent majesty, 1643. Quarto, containing sixteen pages.

THAT

HAT no man pretend ignorance, and that every one know the may duty of his place, that he may do it: The articles and ordinances following are to be published at the general rendezvous in every regi ment apart, by the majors of the several regiments, and in the presence of all the officers. The same shall afterwards be openly read to every company of horse and foot, and at such times as shall be thought most convenient by the Lord General; and in like manner shall be made known to so many as join themselves to be professed soldiers in the army. For this end, every colonel and captain shall provide one of those books, that he may have it in readiness at all occasions, and every soldier shall solemnly swear the following oath :

'I, N. N. promise and swear to be true and faithful in this service, according to the heads sworn by me in the solemn league and covenant of the three kingdoms: To honour and obey my Lord General, and all my superior officers and commanders, and by all means to hinder their dishonour and hurt: To observe carefully all the articles of war and camp discipline; never to leave the defence of this cause, nor flee from my colours so long as I can follow them: To be ready to watching, warding, and working, so far as I have strength: To endure and suffer all distresses, and to fight manfully to the uttermost, as I shall answer to God, and as God shall help me.'

I.

Kirk discipline shall be exercised, and the sick cated for in every