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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
might not be resisted nor may any Emperour or Soveraign whosoever be invaded imprisoned deposed murdered and the way for security prescribed to Subjects by the Apostle is not to wrest the sword from the King but to submit and obey him Wilt thou not be afraid of the Power do that which is good and thou shalt have praise of the same v. 3. Wherefore whatsoever befalls us though we live under a Nero we must needs be subject not only for wrath but also for conscience sake v. 5. 2 Chro. 9.8 And we know no medium between subjection and Rebellion so that when we cease to be Subjects we necessarily become Rebells And in truth when of Gods Lieftenant you would make the King only the Peoples chiefe Officer your quarrell is not with the King only and the Crown but with God himselfe also the Author of politicall order Power and Government And whilst you intend to depose the King what do you but usurp upon God himselfe For he removeth Kings and setteth up Kings Dan 2.21 And do you provoke God to Jealousie are ye stronger then he 1 Cor. 10.22 And the manner whereby God promotes Kings with us is by naturall Generation and the meanes whereby he removeth them is naturall Death Nor can the Reigne of a King of England duly be determined otherwise We shall conclude as you do with a word or two concerning the Kings Family and shall cite some passages of the two Houses of Parliament 1. Jac. 1. We do upon the knees of our hearts agnize our most constant faith obedience and loyalty to your Majestie and your Royall Progeny as in this high Court of Parliament where all the whole body of the Realm and every particular Member thereof either in person or by representation upon their own free Election are by the Lawes of this Realme deemed to be personally present Again We being bounden thereunto both by the Lawes of God and Man do recognize and acknowledge and thereby expresse our unspeakable joyes that immediately upon the dissolution and decease of Elizabeth late Queen of England the imperiall Crowne of the Realm of England and of all the Kingdomes Dominions and Rights belonging to the same did by inherent birthright and lawfull and undoubted succession descend and come to your most excellent Majesty as being lineally justly and lawfully next and sole Heire of the Blood Royall of this Kealme and that by the goodnesse of God Almighty and lawfull right of descent Lastly And we most humbly and faithfully submit and oblige our selves our heires and posterities for ever untill the last drop of our bloods be spent and do beseech your Majesty to accept the same as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty and your Royall Progeny and Posterity for ever O the basenesse and vilenesse of the English Nation thus to protest to the Father yet to depose the Son and to destroy the Posterity read the 17. Ezek. 16,18,19 But that is come to passe which was fore-told by S. Paul In the last dayes perillous times shall come for men shall be lovers of their own selves covetous boasters proud blasphemers disobedient to Parents unthankefull unholy Without naturall affection truce-breakers false accusers incontinent fierce despisers of those that are good Traytors heady high minded lovers of pleasure more then lovers of God Having a forme of godlinesse but denying the power thereof from such turne away 2 Tim. 3.1 c. Finally Hos 8.2 10.2 whereas you intend to settle the present Government without more adoe we shall rather hearken to Solomons admonition then comply with your resolutions My Son fear thou the Lord and the King and meddle not with them that are given to change for their calamities shall rise suddenly and who knoweth the ruine of them both Prov. 24.21,22 FINIS
termes from Ireland We find also that this would have been evidenced by some other of the Kings Letters to the Queen taken by you at Nasby which you have purposely concealed least they should too plainly discover the Kings detestation of that Rebellion and his rigid firmnesse to the Protestant Religion And from his Majesties avowed firmnesse to the Protestant Religion it was that the Sectaries at first joyned in arms against him and that the Popish Princes have not succoured him yea we are informed that great store of Priests and Jesuites are in your Army intruding and concealing themselves under the generall Liberty now practised in matters of Religion and combin'd with the Sectaries against the King as equall enemie to them both and if God doth not prevent it they are likely to destroy both the King and our Religion together We have heard that M. Henderson lying on his death-bed told his friends about him if they would preserve Religion they must preserve the King the admonition will serve as well for England as for Scotland The sum of your Declaration ANd now have we run through the severall particulars of your Declaration and we find that 1. You charge his Majesty with what you cannot take cognizance of as his Transactions with his Scotish Subjects and after an act of Oblivion 2. That touching the Occurrences and Transactions in England and Ireland you charge his Majesty falsly maliciously illegally unreasonably 1. Falslly that the King never made any proposall fit for you to receive That he hath not kept his Coronation Oath That he betrayed Rochell That by his two Maximes he hath laid a foundation of Tyranny That he protected evill Counsellors That after you had shut the Ports hee gave Passes to Papists to go over into Ireland who were afterward in the head of the Rebells That by his Guard he abused your Committee at York and protected Berwicke against the Posse Comitatus And that he set up a mock-Parliament at Oxford c. yea you charge his Majesty with things rejected by him when they were proposed to him as the bringing over the German Horse The bringing up the Northern Army to the City and to secure the Tower not forgetting that you suppressed Col. Gorings second examination about that businesse There are also other falsities in your Declaration as that a storme from Denmark had fallen upon Hull and the Magazine there had not the Sweds about that time invaded the King of Denmarks Dominions c. 2. Maliciously by misrepresenting his Majesties actions That the King sometimes denied to receive your humble Petitions for peace Concerning the Kings advance to Brainford Concerning his Commission and the bloody Massacre at London Concerning his giving the 5. Counties to the Irish Committee Concerning the 40. Proclamations sent into Ireland Concerning the Kings Letter to the Earle of Ormond to thank Muskerie and Plunket Concerning his Letter to the Pope Concerning the Kings going to your House when by the way we cannot forget your suppressing Captain Ashleys examination at Grocers Hall Concerning Cockrans Negotiation in Denmark concerning the Holland Fleet concerning his Majesties Protestations against bringing over Forraigne Forces against bringing up the Northern Army and against making warre against this Parliament concerning his Commission to the E. of Glamorgan c. 3. Illegally that is for what the King did according to Law as the charging the five Members with Treason the Commission of Array his proclaiming some Traytors Also we find that he had a Judgement in Law for the Ship-money the Canons Ceremonies c. were also according to Law Nor can you by your owne Law charge him with what he did upon the Certificate of his Attourney and Solicitor in case of Monopolies nor with what he did by the advice of the Privy Councell concerning Scotland dissolving the Parliament and the Cessation in Ireland 4. Vnreasonably 1. With the grievances of the Kingdome after they were remedied by severall Acts of Parliament as Ship-money Monopolies c. 2. With what his Majesty justly had satisfied as Coate and conduct money and inclosing Commons 3. With what was done by Courts of Justice as the Whipping c. 4. With what was done by King James as the Articles with Spain and France 5. With what the Queen did as her designe if there were any 6. With what the Irish Rebells say calling themselves the Kings or the Queenes Army c. 7. With what your selves are guilty of as the not prosecuting the Duke of Buckingham The long intermission of Parliaments caused by your Remonstrances The rise of the Irish Rebellion by your not suffering the Army to be transported the delaying the Earl of Leicester c. 8. For refusing your unreasonable desires concerning the Commission when he went into Scotland And the Commissions to the Lord Brooke and the Lord Wharton 9. For what the King did in Order to his necessary defence as the Guards and preparation of Armes and Ammunition at Whitehall The List of Armes and Ammunition found amongst his Majesties Papers The Vessell that arrived neer Hull with Armes and Ammunition Cockrans Negotiation in Denmark The pawning the Jewells of the Crown his Letter to Sir John Heydon for Ordnance c. His Declaration to bring in Money Plate c. His Guard at York and setting up his Standard And from these your false malicious illegall and unreasonable allegations and charge how can you conclude that his Majesty hath broken his trust with the Protestants in France Scotland Ireland and this Kingdome And that he hath endeavoured to inslave us by German Spanish French Lorraign Irish Danish and other Forraign Forces And that he hath wholly forgotten not only his duty to the Kingdome but also the care and respect he oweth to himselfe and his own family and that you will repose no more trust in him but settle the present Government without him Let our strength be the Law of Justice 2 Wisd 11 And because you iterate and reiterate his Majesties Breach of trust and your resolutions thereupon we also reiterate our faith of that point We beleeve the Kings Power to be fiduciary and the Kingly Office a great trust but that he is intrusted as he is impower'd by God and only by God 2 Wisd 2 3. S. Paul tells us Ro. 13. That there is no power but of God And that the Powers that are are ordained of God and that the chiefe Magistrate is the Minister of God Arm'd by God with the sword to execute wrath upon him that doth evill And when you can out of the holy Scriptures shew us as cleare a Derivation of Politicall Power and trust from the People we will assent to your opinions and submit to your resolutions Besides when S. Paul writ this Epistle to the Romans Nero was their Emperor And so he that resisteth Nero resisteth the Ordinance of God And they that resist shall receive to themselves damnation Now if that bloody Tyrant and Persecutor Nero