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A78598 The charge against the King discharged: or, The king cleared by the people of England, from the severall accusations in the charge, delivered in against him at Westminster-Hall Saturday last, Jan. 20. by that high court of justice erected by the Army-Parliament; which is here fully answered in every particular thereof. Viz. The Parliaments propositions to the King. The Kings to the Parliament. The Kings condescentions to the Parliaments propositions. The overture of a treaty at Windsor. The massacre in London by vertue of the Kings commission. The coronation oath. The private articles, match with Spaine, and the match of France., King James death, Rochel. The German horse, loanes, and conduct money, privy seales, monopolies. Torturing our bodies, and slitting noses. The long intermission of Parliaments. The new liturgie sent to Scotland, calling and dissolving the short Parliament. The summoning this present Parliament. The Queens pious design, commissions to popish agents. The bringing up the northern Army. The Kings offer to the Scots of the plunder of the city. The Kings journey into Scotland. The businesse of Ireland solely cleered. The cloathes seized by his Majesties souldiers. The Kings letter to the Pope. The Kings charging the Members with his coming to the House. The list of armes and ammunition taken in his papers. ... The calling the Parliament at Oxford. The cessation in Ireland. The peace made there. The Kings protestation against popery. The letters to Marquesse Ormond. 1649 (1649) Wing C2046; Thomason E542_10; ESTC R204182 27,986 35

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THE CHARGE Against The King discharged OR The King cleared by the people of England from the severall Accusations in the Charge delivered in against him at Westminster-Hall Saturday last Jan. 20. by that high Court of Justice erected by the Army-Parliament which is here fully answered in every particular thereof VIZ. The Parliaments Propositions to the King The Kings to the Parliament The Kings Condescentions to the Parliaments Propositions The Overture of a Treaty at Windsor The Massacre in London by vertue of the Kings Commission The Coronation Oath The private Articles Match with Spaine and the Match of France King James death Rochel The German Horse Loanes and Conduct Money Privy Seales Monopolies Torturing our bodies and slitting noses The long Intermission of Parliaments The new Liturgie sent to Scotland calling and dissolving the short Parliament The summoning this present Parliament The Queens pious Design Commissions to Popish Agents The bringing up the Northern Army The Kings offer to the Scots of the Plunder of the City The Kings journey into Scotland The businesse of Ireland solely cleered The cloathes seized by his Majesties Souldiers The Kings Letter to the Pope The Kings charging the Members with his coming to the House The List of Armes and Ammunition taken in his Papers Cockerains Negotiation to the King of Denmark The Queenes going to Holland with the Jewells of the Crowne The Kings solemne Protestation The King proclaiming the Parliament Traytors The King setting up his Standard The calling the Parliament at Oxford The Cessation in Ireland The Peace made there The Kings Protestation against Popery The Letters to Marquesse Ormond Printed in the first Yeere of Englands Thraledome THE CHARGE AGAINST The King discharged WE unto whom for our Number Capacities and Interests the received and knowne Lawes and Constitutions of this Kingdome more justly convey the Rights of a Representative body of the Kingdome and people of England then unto any power whatsoever now through the wrath of God reigning do hereby freely and from our consciences declare before God and his holy Angells unto the whole world That we are so far from bringing his sacred Majesty unto a Tryall for any other or the Accusations in the Charge given in upon Saturday last against him that we stand fully assured admitting all and every of them true that by the cleare and revealed Will of God in his Word and the Lawes of this Realme he remaines lyable unto that supreme Judicature of Almighty God onely who hath passed an irreversible Act of Humane Indempnity unto him and his lawfull Successors And further whereby the whole world may take notice of the sence that we have of the impious insolence and unparaleld injustice of the present proceedings of the elected high Court of Justice against his Majesty We do from the whole evidence of our Consciences so berly informed hereby fully and absolutely acquit his sacred Majesty from all and every of the Crimes charged against him which as upon diligent enquiry it hath furnished us with matter abundantly to justifie his Majesties Innocence and satisfie our selves so we offer it on his behalfe for full satisfaction unto the world not knowing otherwise how to acquit our selves from the great guilt of the Approbation of the growing impieties of these times The certainty and sufficiency of which satisfaction as what onely is here proposed we will without recriminating unto the party now in power acting against his Majesty perspicuously and clearly demonstrate from the whole processe of matters betwixt his Majesty and the Parliament and the severall Overtures betwixt them since the commencement of these unhappy differences The Parliaments Propositions to the King 1 THat the two Houses shall nominate the Lords of the Privy Counsell and all the great Officers and Ministers of State and the Judges of the Land 2. That the Government of the Church by Archbishops Bishops c. be abolished and the Government to be set up shall be such as the two Houses of Parliament shall agree upon 3. That the Militia both by Sea and Land shall be disposed and executed by the two Houses of Parliament 4. That the custody and Command of the Forts and Castles shall be committed to such as shall be approved by the two Houses of Parliament 5. 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 of Parliament These Propositions we find amongst the 19. which you tendred to his Majesty June 2. 1642. and we have premised them and placed them all by themselves that the world may see the true ground of the Quarrell wherein so much Blood hath been shed the Blood of Fathers Brothers and Children c. and that the world may judge who is guilty of all the Bloodshed Your Propositions concerning Papists we have omitted because his Majesty consented to them The Propositions which follow were added upon the Conjunction with the Scots and upon occasion of the Warres in England and Ireland and were treated upon at Uxbridge and tendred to his Majesty at Newcastle Hampton Court and the Isle of Wight 6. That all the Kings Declarations Proclamations c. against the proceedings of the two Houses be made null 7. That the King and all the Subjects of the three Kingdomes do take the Covenant 8. That there be a Reformation of and a unity and uniformity in Religion according to the Covenant in the Kingdomes of England and Scotland 9. That the Court of Wards and all Wardships be taken away 10. That the Treaties between the two Kingdomes be confirmed by act of Parliament 11. That the joynt Declaration of both Kingdomes of Jan 30. 1643. concerning those that adhere to the King in this War be confirmed by Act of Parliament 12. That an Act bee passed for paying the publique debts of the Kingdome 13. That the Cessation in Ireland be made void and that the Prosecution of the war be setled in the two Houses of Parliament 14. That Religion be reformed in Ireland according to the Covenant and as the two Houses of Parliament shall think fit 15. That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the severall Provinces there and the Secretaries of State Mr. of the Rolles Judges of both Benches Barrons of the Exchequer the Vice-Treasurer and Treasurers of Warres of that Kingdome be nominated by both Houses of Parliament of England 16. That the Militia of London shall be governed by the two Houses of Parliament That the Tower of London be in the Government of the City and the chiefe Governour to be nominated and removeable by the Common Counsell 17. That all that hath passed under the great Seale of England in the custody of the Parliament-Commissioners be valid And that whatsoever hath passed the Kings great Seale since the 22. of May 1642. be made void As likewise whatsoever grants of Offices Lands tenements and heriditaments have passed the great
of those men And this we conceive to have been the sence of Mac Cart and Macquires confession by you cited And so his Majesty consented to the disbanding and sending back of that Army into Ireland which doubtlesse gave a great rise and contributed much to the Irish Rebellion But that his Majesty knew nothing of any such designe doth appeare by the confession of Macquire at his Execution who to use his own words did acquit the King upon his death and any other man in England except one and he but a private Gentleman who came by chance to the knowledge thereof from being guilty so much as of knowing it Concerning the first Clause of their Oath to beare true faith and Allegiance to King Charles We know that in all Rebellions the chiefe Authors and contrivers of them make faire pretences and specious Oaths to seduce the People to joyn with them in their undertakings And whereas they stile themselves the Kings or Queenes Army that was meerly to countenance the Rebellion if not also to raise farther jealousies between the King and you and to set you at farther odds that so upon your divisions in England they might with more ease carry on the Rebellion in Ireland Concerning the 40. Proclamations sent into Ireland Exact Col. p. 247 We find not that you ever so much as moved for any Proclamation against the Rebells but the first motion came from the Lords Justices of that Kingdome who also sent a draught of such a Proclamation as they conceived best for the suppressing of the Rebellion And whereas ordinarily the King never signes more then the first draught of a Proclamation fairly ingrossed in Parchment and by it Copies are printed and dispersed in Ireland as in England the Lords Justices and Counsell taking notice of the rumour spread amongst the Rebells that they had the Kings Authority for what they did desired that they might have 20. Proclamations sent over signed by the Kings Sign Manuall to the end that besides the Printed Copies which they would disperse according to custome they might be able to send an Origin all with the Kings hand to it to those considerable persons whom they might suspoct to be misled by that false rumour and who when they saw the Kings very hand would be without excuse if they persisted Whereupon the King signed double the number and for expedition of the service commanded them to be printed as is well known to some Lords now sitting in Parliament and then sitting with his Majesty in Counsell Concerning the Letters written to the Lord Muskery from Court We find not how it reflects upon his Majesty but that rather it is to be referred to the insufficiencies and uncertainties in your Declaration And concerning the Kings Letter to the Marq. of Ormond for giving perticular thanks to Muskery and Plunket we find it to be for the Professions of their endeavours to bring their Countrymen to moderation and obedience at that time when they were at Oxford employed by the Irish to his Majesty during the Cessation Of the delaying and detaining of the Earl of Leicester We find that the King often pressed you that he might be dispatched and sent away to Ireland and that in his Answer to your Petition of the 28. Ap. 1642. Exact Col. p. 144 it is one of the reasons of his resolution to go in person into Ireland because the Lord Lieftenant did not repaire to his command there Nor came he to his Majesty at York till three moneths after and when he had received his Majesties instructions there and took his leave with profession to go to Chester he went not according to promise but returned to the two Houses at London Two months after you commanded him to Chester where he stayed 3. weekes in Expectation of Ships to transport him and his Majesty hearing that he had neither Provision of Money nor any force to be sent with him but his own retinue the Regiments of Foot and Troopes of horse which had been raised for that service having been imployed against his Majesty at Edg-Hill and being still kept as a part of the Earle of Essex his Army considering that the Protestants there would have been much disheartned and the Rebells equally incouraged if the Lord Lievtenant had arrived in so private a manner therefore his Majesty sent for him to Oxford till he could receive better satisfaction from the two Houses concerning the preparations for that Kingdom Concerning the Commission for the Lord Brooke and the Lord Wharton We find that the Commission desired was to have been Independent upon his Majesties Lieftenant of that Kingdome and therefore his Majesty refused it Concerning Papists and others passed by the Kings speciall Warrant into Ireland named by you We find that Mr. Pym at a Conference with the Lords about the beginning of Feb. 1641. declared Exact Col. p. 69 71. 117 118. that after the Ports were shut by both Houses of Parliament divers Papists passed from hence by his Majesties especiall Warrant and headed the Rebells in Ireland whereof his Majesty having notice required him and you again and again to name any one person so passed by his Majesty and now in the head of the Rebells and you have not named any one to this day and so we must refer this to the uncertainties and unsufficiencies in your Declaration as also what followes concerning the Commanders and Officers called off from their trust against the Rebells and the supplies which the Rebells had by the E. of Antrim L. Aboine and others from the Queen And lastly concerning the peices of battery from hence desired by the Counsell of Ireland of all which no evidence or instance hath been offred unto us save only that the King commanded the two Ships under Capt. Kettleby Capt. Stradling to attend him at Newcastle having before given you notice thereof to take care for the guarding of that Coast all other his Majesties Ships besides those two being at that time at your disposall But we cannot but remember how the Earle of Leven sent Generall of the Scots into Ireland against the Rebells was called from thence to lead an Army into England against his Majesty And how many Officers both Scots and English left the service in Ireland and were employed by you here in England being necessitated thereto for the recovery of their Arreares which they could not obtain otherwise as Sir Richard Greenvile c. Concerning the Cloathes seized by his Majesties Souldiers We find that it was done about Coventry when that City stood out against his Majesty and we conceive you should have sent for a safe conduct for passing them through his Majesties Quarters Also we find that when his Majesty had taken Chester he sent over into Ireland 3000. suites of cloathes provided by you for that service although his own souldiers were in great want of them And now let all the world judge how much reason you had to beleeve the
Col. p. 349. that he would not engage in a War against the Parliament except it be for his own necessary defence and safety against such as do insolently invade and attempt against him or such as shall adhere unto him After that you had declared all those Delinquents who had withdrawn themselves to York and should persist to serve the King And so his Majesty did nothing contrary to his Protestations in protecting Berkwich whom you had sent for as a Delinquent for his endeavour to regain Hull to his Majesties obedience June 10. 1642. Exact Col. p. 339. you published Propositions and orders for bringing money or plate to raise an Army for the defence of the Parliament Whereupon his Majesty set forth a Declaration June 16. Exact Col. p. 351. disavowing any intention to levy War against his Parliament unlesse he should be driven to it for the security of his Person for the defence of Religion Lawes and Liberties of the Kingdome and the just Rights and Priviledges of Parliament And for those ends he excites his Subjects to bring in Money Plate Armes Horse and Horsemen in the close of that Declaration And he sends to Sir John Heydon Lievtenant of the Ordnance for Ordnance Powder Shot and Ammunition June 20. The Commission of array we find to be legall by Sir Edward Cook Instit par 4. 124. a book printed by your own Order and by Just Huttons argument in the case of Mr. Hampden fol. 39. 40. The Guard raised by his Majesty at York we find to have been one Regiment of Trained Bands commanded by their proper Col. and one Troop of Horse consisting of neere one hundred for the most part if not all of them of the Gentlemen of that Shire And the occasion of those Guards we find to be this you sent severall Committees to Hull Lincolnshire and York to perswade the People to approve of what Sir John Hotham had done at Hull and to assist him if there were occasion whereupon his Majesty raised this Guard for his own defence least Sir John Hotham should shut him up at York as he had before shut him out of Hull Concerning the Kings abusing your Committee by the Guard about him we have perused their Letters printed with your Remonstrances and find no such complaint in them The Posse Comitatus we find was never raised the high Sheriff waiting daily on his Majesty Concerning the Kings proclaiming the Parliament Traitors Exact Col. p. 185. We find that the King proclaimed none but such as the Law declareth guilty in the Statute of 25. E. 3. as Sir John Hotham for shutting the Gates of Hul against him and the Earle of Essex for leading an Army against him and he never declared the Parliament Traitors Exact Col. p 376. unlesse in your sense that whatsoever violence should be used either against those who exercise the Militia or against Hull you could not but beleeve it as done against the Parliament And concerning the Kings setting up his Standard c. We find it was not done till the 22. of Aug. at which time the Earle of Essex was marching in Battel arrray against him and if this be so is your proceeding without president Eaact Col. p. 298. your design being against Monarchy it selfe which is more then ever was attempted before for though the Person of the King hath sometimes been unjustly deposed yet the Regall Power was never before this time strucken at as his Majesty hath declared upon your nineteen Propositions presented to him June 2. Concerning the Parliament at Oxford We find that there was neither reall nor mock-Parliament set up there but that the King by his Proclamation invited the Members of both Houses driven away from Westminster to attend him at Oxford that all his good Subjects should see how willing he was to receive advice for the Religion Lawes and safety of the Kingdome from those whom they had trusted though he could not receive it in the peace where he had appointed We remember also that that body of Lords and Commons published a Declaration to the Kingdome at large setting forth the particular acts of Violence by which they had been driven from Westminster and by which the Freedome of Parliament had been taken away which you have not answered to this day And if want of Liberty or Felony and Treason supersede all priviledges of Parliament as we have been informed we doubt for all the Act of Continuation whether you be not a mock Parliament or no and whether you also may not be called a mungrell Parliament consisting of so many kinds of factions as you do And here we cannot but freely declare what we have observed from the beginning of the Parliament That there was in both Houses a party that intended the overthrow of the Government of Church and States which when they could not effect in a Parliamentary way and by free Voting they rais'd and call'd down Tumults from London to drive away those Members of both Houses that opposed them that done the aforesaid party remaining at VVestminster call themselves the Parliament of England and under pretence of serving and securing the Kingdome they enter upon the Militia and take up Armes and will never lay them down till they have wholly altered the ancient and Fundamentall Government of the Kingdome And this is our opinion of your constitution and proceedings Concerning the Cessation in Ireland VVe find by the Letters of the Lords Justices and the Counsell of Ireland to you as well as to his Majesty That the Army was in such extream want there that it could no longer subsist but must either disband or depart the Kingdome and his Majesty being not able to assist them and you who undertook to carry on that war wholly neglecting them the Enemy still increasing in strength and power with the full advice and approbation of the Lords Justices and Gounsell there and concurrence of all the chiefe Officers of that Army that Cessation was made by which only the Protestants of that Kingdome and his Majesties interest there could be preserved Concerning the Peace made in Ireland We find that the Marq. of Ormond only had power to make Peace there and that he refused to make it upon those unworthy conditions proposed by the Rebells and concerning the Earle of Glamorgan we find that his Commission was not to make peace but to give him credit in his Negotiations there for Souldiers Concerning the Kings Protestations against Poperie and his Letters to the Queen and the Lord of Ormond for taking away all penall Lawes against the Papists We find by the Treaties of the Lord of Ormond with the Irish Rebells that if his Majesty would have granted their demands in point of Religion that whole Kingdome would unanimously have declared for him and served him but such was his constancie to his Religion that he would rather hazard himselfe and his affaires in England then accept of assistance upon those