An inquisition after blood. To the Parliament in statu quo nunc, and to the Army regnant; or any other whether Royallist, Presbyterian, Independent or Leveller, whom it may concern. Howell, James, 1594?-1666. This text is an enriched version of the TCP digital transcription A86624 of text R15284 in the English Short Title Catalog (Thomason E531_23). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 25 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86624 Wing H3080 Thomason E531_23 ESTC R15284 99859832 99859832 111931 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86624) Transcribed from: (Early English Books Online ; image set 111931) Images scanned from microfilm: (Thomason Tracts ; 82:E531[23]) An inquisition after blood. To the Parliament in statu quo nunc, and to the Army regnant; or any other whether Royallist, Presbyterian, Independent or Leveller, whom it may concern. Howell, James, 1594?-1666. [2], 13, [1] p. s.n.], [London : Printed in the yeer, 1649. Attributed to James Howell. Place of publication from Wing. Annotation on Thomason copy: "July 17th". Reproduction of the original in the British Library. eng Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Great Britain -- Politics and government -- 1642-1649 -- Early works to 1800. A86624 R15284 (Thomason E531_23). civilwar no An inquisition after blood.: To the Parliament in statu quo nunc, and to the Army regnant; or any other whether Royallist, Presbyterian, In Howell, James 1649 4403 5 0 0 0 0 0 11 C The rate of 11 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2007-05 Angela Berkley Sampled and proofread 2007-05 Angela Berkley Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion AN INQUISITION AFTER BLOOD . To the PARLIAMENT in statu quo nunc , AND To the ARMY Regnant ; Or any other whether Royallist , Presbyterian , Independent or Leveller , whom it may concern . Blood is a crying sin , but that of Kings Cryes loudest for revenge , and ruine brings . Printed in the Yeer , 1649. AN INQUISITION AFTER BLOOD . THE scope of this short discourse is to make some researches after Truth , and to rectifie the world accordingly in point of opinion , specially touching the first Author and Aggressor of the late ugly war in England , which brought with it such an inundation of blood , and so let in so huge a torrent of mischiefs to rush upon us . There be many , and they not only Presbyterians and Independents , but Cavaliers also , who think that the King had taken the guilt of all this blood upon himselfe , in regard of that Concession he passed in the preamble of the late Treaty at the Isle of Wight ; The aime of this Paper is to cleere that point , but in so temperate a way , that I hope 't will give no cause of exception , much lesse of offence to any : the blood that 's sought after here , shall not be mingled with gaule , much lesse with anie venome at all . We know there is no Principle either in Divinity , Law , or Phylosophie , but may be wrested to a wrong sense ; there is no truth so demonstrative and cleere , but may be subject to cavillations ; no Tenet so plaine , but perverse inferences may be drawne out of it ; such a fate befell that preambular Concession His Majesty passed at the Transactions of the late Treaty , in that he acknowledg'd therein that the two Houses of Parliament were necessitated to undertake a war in their owne just and lawfull defence , &c. and that therefore all Oaths , Declarations , or other public Instruments against the Houses of Parliament , or any for adhering to them , &c. be declared null , suppressed , and forbidden . 'T is true , His Majesty passed this grant , but with this weighty consideration , as it had reference to two ends . First , to smoothen and facilitate things thereby to ope a passage , and pave the way to a happy peace , which this poor Iland did so thirst after , having been so long glutted with civill blood . Secondly , that it might conduce to the further security , and the indemnifying of the two Houses of Parlement , with all their instruments , assistants , and adherents , and so rid them of all jealousies , and fear ( of future dangers ) which still lodg'd within them . Now touching the expressions and words of this Grant , they were not his owne , nor did he give order for the dictating or penning thereof ; the King was not the Author of them , but an Assenter only unto them : nor was He or his Party accus'd , or as much as mentioned in any of them , to draw the least guilt upon themselves . Besides , He pass'd them as he doth all Lawes and Acts of Parlement , which in case of absence another may do for him in his politic capacity , therefore they cannot prejudice his person any way . I am loth to say that he condescended to this Grant , — Cùm strict a novacula supra , When the razor was as it were at his throat , when ther was an Army of about thirty thousand effect if Horse and Foot that were in motion against him , when his Person had continued under a black long lingring restraint , and dangerous menacing Petitions and Papers daily obtruded against him . Moreover , His Majesty pass'd this Concession with these two provisos and reservations , First , that it should be of no vertu or validity at all , till the whole Treaty were intirely consummated . Secondly , that he might when he pleas'd inlarge and cleer the truth with the reservedness of his meaning herein , by public Declaration : Now the Treaty being confusedly huddled up , without discussing , or as much as receiving any Proposition from himself as was capitulated , ( and reciprocal Proposals are of the essence of all Treaties ) it could neither bind him , or turne any way to his disadvantage : Therfore under favour , ther was too much hast us'd by the Parlement , to draw that hipothetick or provisional Concession to the form of an Act so suddenly after in the very heat of the Treaty , without His Majesties knowledge , or the least intimation of his pleasure . Add hereunto , that this Grant was but a meer preambular Proposition , 't was not of the essence of the Treaty it self : And as the Philosophers and Schoolemen tell us , there is no valid proof can be drawn out of Proemes , Introductions or Corallaries in any science , but out of the positive assertions and body of the Text , which is only argument-proof ; so in the Constitutions and Lawes of England , as also in all accusations and charges , forerunning prefaces and preambles ( which commonly weak causes want most ) are not pleadable : and though they use to be first in place , like gentlemen-Ushers , yet are they last in dignity , as also in framing , nor had they ever the force of Lawes , but may be term'd their attendants to make way for them . Besides , ther 's not a syllable in this preface which repeales or connives at any former Law of the Land , therefore those Lawes that so strictly inhibit English Subjects to raise armes against their liege Lord the King , and those Lawes è contrario , which exempt from all dangers , penalties or molestation any Subject that adheres to the person of the King in any cause or quarrell whatsoever , are still in force . Furthermore , this introductory Concession of the Kings , wherein he is contented to declare , That the two Houses were necessitated to take Armes for their defence , may be said to have relation to the necessity , à parte pòst , not à parte antè : self-defence is the universall Law of Nature , and it extends to all other creatures , as well as the rationall : As the sluent Roman Orator in that sentence of his , which is accounted among the Critiques the excellentest that ever drop'd from him ; Est enim haec non scripta , sed nata Lex , quam non didicimus , accepimus , legimus , verùm ex natura ipsa arripuimus , hausimus , expressimus , ad quam non docti , sed facti , non instituti , sed imbuti sumus , ut si vita nostra in &c. For this ( meaning self-defence ) is not a written , but a Law born with us ; A Law which we have not learnt , receiv'd or read , but that which we have suck'd , drawn forth , and wrung out of Nature her self ; A Law to which we are not taught , but made unto , wherewith we are not instructed , but indued withall , that if our lifes be in jeopardy , &c. we may repell force by force . Therefore when the House of Parliament had drawn upon them a necessity of self-defence ( and I could have wish'd it had been against any other but their own Soveraign Prince ) his Majesty was contented to acknowledge that necessity . As for example : A man of war meets with a Marchant man at Sea , he makes towards him , and assaults him ; The Marchant man having a good stout vessell under him , and resolute generous Seamen , bears up against him , gives him a whole broad side , and shoots him 'twixt wind and water ; so there happens a furious fight betwixt them , which being ended , the Marchant cannot deny but that the man of war , though the first Assailant , was necessitated to fight , and that justly in his own defence , which necessity he drew upon himself , and so was excusable , à posteriori , not à priori ; As the Civilians speak of a clandestine marriage , Fieri non debuit , sed factum valet ; It ought not to have been , but being done 't is valid : whereunto relates another saying , Multa sunt quae non nisi peracta approbantur . There are many things which are not allowable till they are pass'd . The Kings of France have had sundry civill warrs , many bloudy encounters and clashes with their Subjects , specially the last King Lewis the thirteenth , which turn'd all at last to his advantage ; among other Treaties upon that of Loudu● , he was by force of Article to publish an Edict , Dons lequel le Roy approuvoit tout le passé comme ayant esté fait pour son service , &c. Whrein the King approv'd of all that was pass'd , as done for his service , &c. and these concessions and extenuations are usuall at the close of most civill warrs ; but there was never any further advantage made of them , then to make the adverse party more capable of grace and pardon , to enable them to bear up against the brunt of Lawes , and secure them more firmly from all afterclaps ; They were pass'd in order to an Act of Abolition , to a generall pardon , and consequently to a reestablishment of Peace ; now , Peace and VVarr ( we know ) are like VVater and Ice , they engender one another : But I do not remember to have read either in the French story , or any other , that such Royall Concessions at the period of any intestin war were ever wrung so hard , as to draw any inference from them , to cast therby the guilt of blood or indeed the least stain of dishonor upon the King ; For Royall Indulgences and grants of this nature are like nurses breasts , if you presse them gently there will milk come forth , if you wring them too hard you will draw forth blood in lieu of milk : And I have observed , that upon the conclusion of such Treaties in France , both parties wold hugg and mutually embrace one another in a gallant way of national humanity ; all rancor , all plundrings , sequestration , and imprisonment , wold cease , nor wold any be prosecuted , much lesse made away afterwards in cold bloud . Touching the Comencer of this monstrous war of ours , the world knows too well , that the first man of bloud was Blewcap , who shew'd Subjects the way , how to present their King with Petitions upon the pikes point , and what visible judgements have fallen upon him since by such confusions of discord and pestilence at home , and irreparable dishonour abroad , let the world judge . The Irish took his rise from him : and whereas it hath been often suggested , that his Majesty had fore-knowledge thereof , among a world of convincing arguments which may cleer him in this particular , the Lord Maguair upon the ladder , and another upon the Scaffold , when they were ready to breath their last , and to appear before the Tribunall of heaven , did absolutely acquit him , and that spontaneously of their own accord , being unsought unto , but only out of a love to truth , and the discharge of a good conscience : But touching those c●uentous Irish warrs , in regard there was nothing whereof more advantage was made against His late Majesty , to imbitter and poison the hearts of his Subjects against him then that Rebellion , I will take leave to wind up the main causes of them upon a small bottome . 1. They who kept intelligence and complied with the Scot , in his first and second insurrection . 2. They who dismiss'd the first Irish Commissioners ( who came of purpose to attend our Parlement with some grievances ) with such a short unpolitic harsh answer . 3. They who took off Straffords head , ( which had it stood on , that Rebellion had never been ) and afterwards retarded the dispatch of the Earl of Leicester from going over to be Lord-Lievtenant . 4. Lastly , they who hindred part of that disbanded Army of 8000. men rais'd there by the Earl of Strafford , which His Majesty , in regard they were souldiers of fortune , and loose casheer'd men , to prevent the mischiefs that might befall that Kingdome by their insolencies , had promised the two Spanish Ambassadors , the Marquesses of Velada and Malvezzi , then resident in this Court : which souldiers rise up first of any , and put fire to the tumult to find something to do . They , I say , who did all this , may be justly said to have been the true causes of that horrid Insurrection in Ireland ; and consequently 't is easie to judge upon the account of whose souls must be laid the blood of those hundred and odd thousand poor Christians who perished in that war : and had it been possible to have brought o're their bodies unputrified to England , and to have cast them at the lower House door , and in the presence of some Members , which are now either secluded , or gone to give account in another world , I believe their noses would have gush'd out with blood for discovery of the true murtherers . Touching this last fire-brand of war , which was thrown into England , who they were that kindled it first , the consciences of those indifferent & unblassed men are fittest to be judges , who have been curious to observe with impartiall eyes , the carriage of things from the beginning . I confesse 't was a fatall infortunate thing , that the King should put such a distance 'twixt his Person and his Parliament , but a more fatall and barbarous thing it was , that he should be driven away from it , that there should be a desperate designe to surprize his Person , that Ven with his Myrmidons , and Bourges with his Bandogs , ( for so they call'd the riffraff of the City they brought along with them ) should rabble him away , with above four parts in five of the Lords , and neere upon two parts in three of the Commons : Yet 't is fit it should be remembred , what reiterated Messages his Majesty sent from time to time afterward , that he was alwaies ready to return , provided there might be a course taken to secure his Person , with those Peers & others who were rioted away from the Houses ; 't is fit it shold be remembred , that there was not the least motion of war at all , till Hotham kept his Majesty out of his own Town Kingston upon Hul , where being attended by a few of his meniall Servants , he came only to visit her , which act of Hotham's by shutting the gates against him was voted warrantable by the House of Commons , and it may be call'd the first thunderbolt of war : 'T is fit it should be remembred , that a while after there was a compleat Army of 10000. effect if Horse and Foot inrolled in and about London to fetch him to his Parliament by force , and remove ill Counsellors from about him , ( long before he put up his Royall Standard ) and the Generall nam'd to live and die with them : and very observable it is , how that Generalls Father was executed for a Traytor , for but attempting such a thing upon Queen Elizabeth , I meane to remove ill Counsellors from about her by force . 'T is also to be observed , that the same Army which was rais'd to bring him to his Parliament , was continued to a clean contrary end two yeers afterwards to keep him from his Parlement . 'T is fit it should be remembred , who interdicted Trade first , and brought in Forraigners to help them , and whose Commissions of Warre were neere upon two moneths date before the Kings . 'T is fit it should be remebred how his Majesty in all his Declarations and public Instruments made alwaies deep Protestations , that 't was not against his Parliament he raised Armes , but against some seditious Members , against whom he had onely desired the common benefit of the Law , but could not obtaine it . 'T is fit to remember , that after any good successes or advantage of his , he still Courted both Parlement and City to an Accommodation ; how upon the Treaty at Uxbridge , with much importunity for the generall advantage and comfort of his people and to prepare matters more fitly for a peace , he desired there might be freedom of trade from Town to Town , and a Cessation of all Acts of Hostility for the time , that the inflamation being allayd , the wound might be cur'd the sooner : all which was denied him . 'T is fit to remember how a Noble Lord at that time told the Parlements Commissioners in his Majesties Name , at the most unhappy rupture of the said Treaty , that when he was at the highest he wold be ready to treat with them , and fight with them when he was at the lowest : 'T is fit the pres●●● Army shold remember how often both in their Propos●●● , and public Declarations they have inform'd the world , and deeply protested that their principall aime was to restore his Majestie to honor , freedom and safety , whereunto they were formerly bound , both by their own Protestation and Covenant , that the two Commanders in chief pawn'd unto him their soules thereupon . Let them remember , that since he was first snatch't away to their custody , he never displeas'd them in the least particular , but in all his Overtures for Peace , and all his Propositions he had regard still that the Army shold be satisfied : let it be remembred , that to settle a blessed Peace to preserve his Subjects from rapine and ruine , and to give contentment to his Parlement , he did in effect freely part with his Sword , Scepter , and Crown , and ev'ry thing that was personall to him : Let it be remembred with what an admired temper , with what prudence and constancie with what moderation and mansuetude hee comported himselfe since his deep afflictions , insomuch that those Commissioners and others who resorted unto him , and had had their hearts so averse unto him before , return'd his Converts , crying him up to be one of the sanctifiedst persons upon earth : and will not the blood of such a Prince cry aloud for vengeance ? Let it be remembred , that though there be some Precedents of deposing Kings in this Kingdome , and elsewhere , when there was a competition for the right Title to the Crown by some other of the blood Royall , yet 't is a thing not only unsampled , but unheard of in any age , that a King of England whose Title was without the least scruple , shold be summon'd and arraign'd , tryed , condemn'd , and executed in his own Kingdom , by his own Subjects , and by the name of their own King , to whom they had sworn Alleagiance . The meanest Barister that hath but tasted the Laws of the Land can tell you , that it is an unquestionable fundamentall Maxime , The King can do no wrong , because he acts by the mediation of his Agents and Ministers , he heares with other mens eares , he sees with other mens eyes , he consults with other mens braines , he executes with other mens hands , and judges with other mens consciences ; therefore his Officers Counsellors or favorits are punishable , not 〈◊〉 and I know not one yet whom he hath spar'd , but sacrificed to Justice . The Crown of England is of so coruscant and pure a mettall , that it cannot receive the least taint or blemish ; and if there were any before in the person of the Prince , it takes them all away and makes him to be Rectus in C●r●a . This as in many others may be exemplified in Henry the Seventh , and the late Queen Elizabeth : when the first came to the Crown 't was mention'd in Parlement , that the attainder might be taken off him , under which he lay all the time he liv'd an Exile in France ; it was then by the whole House of Parlement resolv'd upon the question , that it was unnecessary , because the Crown purg'd all . So likewise when Queen Elizabeth was brought as it were from the Scaffold to the Throne ; though she was under a former attainder , yet 't was thought superflous to take it off , for the Crown was lieth away al spots , and darteth such a brightnesse , such resplendent beams of Majesty , that quite dispel al former clouds : so that put case King Iames died a violent death , and his Son had been accessary to it ( which is as base a lie as ever the devil belch'd out ) yet his accesse to the Crown had purg'd all . This businesse about the playster which was applied to King Iames , was sifted & winnow'd as narrowly as possibly a thing could be in former Parlements , yet when it was exhibited as an Article against the Duke of Buckingham , 't was term'd but a presumption or misdemeanure of a high nature : And 't is strange that these new accusers shold make that a parricide in the King , which was found but a presumption in the Duke , who in case it had been so , must needs have been the chiefest Accessary . And as the antient Crown and Royall Diadem of England is made of such pure allay , and cast in so dainty a mould , that it can receive no taint , or contract the least speck of enormity and foulenesse in it self , so it doth endow the person of the Prince that weares it with such high Prerogatives , that it exempts him from all sorts of publique blemishes , from all Attainders , Empeachments , Summons , Arraignments and Tryalls ; nor is there or ever was any Law or Precedent in this Land , to lay any Crime or capitall charge against him , though touching civill matters , touching propertie of meum and tuum , he may be impleaded by the meanest vassall that hath sworn fealty to him ; as the Subjects of France , and Spain may against their Kings , though never so absolute Monarchs . In the Constitutions of England , there are two incontroulable Maximes , whereof the meanest mootman that hath but saluted Littleton cannot be ignorant : the first is , Rex in suis Dominiis neque habet Parem , nec Superiorem . The King in his own Dominions hath neither Peer , or Superior . The other is Satis habet Rex ad poenam quod Deum expectet ultorem : 't is punishment enough for a King that God will take revenge of him . Therefore if it be the Fundamentall Constitution of the Land , that all just Tryalls must be by Peers , and the Law proclaimes the King to have none in his own Dominions , I leave the world to judge , what capacity or power those men had to arraigne the late King , to be in effect his Accusers and Judges ; and that an exorbitant unsampled Tribunall shold be erected , with power and purpose to condemn all that came before it , to cleer none , and that sentence of death shold passe without conviction or Law upon Him that was the head and protector of all the Lawes . Lastly , that they who by their own confession represent but the Common people , should assume power to cut off Him who immediately represented God , — Cui dabit partes scelus expiandi Iupiter ? — Well , we have seen such portentous things , that former Ages never beheld , nor will future Ages ever be witnesse of the like : Nay , posterity , after a Century or two will hold what is now really acted to be but Romances : And now with thoughts full of consternation and horror ; with a heartfull of amazement and trembling for the flagrant and crying sins of this forlorn Nation , which hath drawn such an endlesse warr , and an unheard of slaverie upon it self , I will conclude with this short prayer , which carrieth with it as much of universall charity , as of particular : God amend all , and me first . FINIS .