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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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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
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
Seale of Ireland since the cessation 15. Sept. 1643. And whatsoever Honors have been conferd by that Seal since that time And now let the world judge also whether it be fit for Subjects to offer such Propositions to their Soveraign whereby you take away from the King and from the Crowne t he chiefe Power and Government of the two Kingdomes of England and Ireland and would settle it in the two Houses of Parliament And we appeale to your own Consciences whether ever any Protestant Parliament made the like assaults upon the King And whether ever any Popish Parliament attempted the like against the Crown Also let the world judge whether the King did not offer Propositions fit for you to receive at the Treaties both of Oxford and Uxbridge The Kings Propositions Exact Col. p. 912. 1. THat his Majesties own Revenue Magazine Townes Forts and Ships which have bin taken or kept from him by force be forthwith restored unto him 2. That whatsoever hath bin done or published contrary to the Lawes of the Land or derogatory to his Majesties Legall and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out for the future 3. That whatsoever illegall Power hath been claimed or exercised by or over his Subjects as imprisoning their persons without Law stopping their Habeas Corpusses and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any persons appointed by any of them be disclaimed and all such persons so committed forthwith descharged 4. That as his Majesty will readily consent having done so heretofore to the execution of all Lawes already made and to any good Acts to be made for the suppressing of Popery and for the firme setling the Protestant Religion now established by Law so he desires that a good Bill may be framed for the better preserving the Book of Common Prayer from the scorn and violence of Brownists Anabaptists and other Sectaries with such clauses for the ease of tender Consciences as his Majesty hath formerly offered 5. That all such Persons as upon the Treaty shall be excepted out of the generall Pardon shall be tryed per Pares according to the usuall course and known Lawes of the Land and that it be left to that either to acquit or condemn them And now we appeale to your own Consciences whether it were not fit for you to have received and acquiesced in these his Majesties Propositions for conserving the rights of the Crown the Law of the Land the Liberty of the Subject the establisht Religion and the Fundamentall Justice of the Kingdome who when you published your Propositions for bringing in Money and Plate June 10. 1642. declared Exac Col. 342. that whatsoever is brought in shall not at all be employed upon any other occasion then to maintain the Protestant Religion the Kings Authority and his Person in his Royall dignity the free course of Justice the Lawes of the Land the Peace of the Kingdome and Priviledges of Parliament But if his Majesties Propositions were not yet his Condescentions to your Propositions tendred and published before this your Declaration were doubtlesse not unfit for you to accept The Kings Condescentions to the Parliaments Propositions 1. Concerning the great Officers of State c. See the Book called the Kings most gracious Messages for peace p. 86. That their Patents and Commissions being taken from his Majesty they should be nominated by the two Honses of Parliament during his Majesties Reigne and afterwards to return to the Crown 2. Touching the Church Government See the Book called the Kings most gracious Messages for peace p. 85. That the Presbyteriall Government be legally permitted to stand for 3. yeares provided his Majesty or any others who cannot in Conscience submit thereunto may have free practise of their own Profession And a free debate be had with the Divines at Westminster 20. of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the two Houses how Church-Government after the same time shall be setled as is most agreeable to the Word of God 3. Touching the Militia p. 86. That the whole power of the Militia both by Sea and Land shall be ordered by the two Houses of Parliament during his Majesties Reigne yet so as all Commissions and other Acts concerning the Militia be made and acted as formerly and after his Majesties Reign all the Power of the Militia shall return entirely to the Crown as it was in the times of Q. Elizabeth and King James of happy memory 4. Touching his Majesties Proclamations and Declarations against the two Houses and their Proceedings p. 88. That he will consent to an Act of Parliament for making them null And he further proposeth as the best expedient to take away all seeds of future differences that there be an Act of Oblivion to extend to all his Subjects 5. Touching the taking of the Covenant p. 66. That though his Majesty be not therein satisfied yet he will make clearly appeare both his Zeale to the Protestant Profession and the union of these two Kingdomes which he conceives to be the main drift of the Covenant 6. Touching the Treaties between the two Kingdomes p. 68. That he would agree to all things that are propounded touching the confirming of the Peace of the two Kingdomes 7. Touching the Payments of the Publique debts p. 87. That he would consent to such Acts as the two Houses shall agree upon 8. Touching the Court of Wards p. 87. That his Majesty would consent to an Act for taking it away so as a full recompence be setled upon his Majesty and his Successors for ever hereafter 9. Touching Ireland p. 88. that the Cessation there is long since determined And for the future that his Majesty would give you full satisfaction concerning that Kingdome 10. Touching the City of London p. 69. That his Majesty consented to all the Propositsons concerning it 11. Touching the Acts passed under the great Seales p. 88. his Majesty promised after perusall of particulars to give you satisfaction to what may reasonably be desired by you And now indeed hath his Majesty offred such Tenders to you as were not fit for him to make nor for you to receive but in order to an Accommodation and peace And we cannot but be sensible of his Majesties grace and goodnesse to us who was pleased to condescend even to the dethroning of himselfe for our Peace and quiet and we cannot enough blame you who would not accommodate upon these Condescentions but rather renew the War again And being as you were pre-ingaged against Monarchy you could not deem any thing fit for you to offer or accept that came short of your design And to it have you sacrificed our Peace also You go on with the same confidence and declare
therein they reflected upon the Malignant Party c. VVhat you meane by the good affections of the City we know not but we find in his Majesties Declaration of the 12. of August Exact Col. pag. 538. that on January 11. 1641. the Trained-Bands of London guarded the accused Members from the City to the Parliament-House by Land and that there were 100. long Boats and Lighters laden with Sacres Murdering Pieces and Ammunition which passed by White-hall and attended by water and that there was a designe to have seized his Majesties Person as is confessed under the hand of one who hath been very active in your service and should have been a principall actor in it had not His Majestie removed from VVhite-hall the day before but what you could not then effect by tumults you have since done by force of Armes Concerning the List of Arms and Ammunition taken amongst His Majesties Papers We find that you had first seized the Kings Magazines in the Tower and at Hull by Major Skippon and by Sir John Hotham the former besieging the Tower by Land and by Water the 12. of Jan. 1641. the latter possessing himselfe of Hull not many daies after no marvell then that the King tooke order for Armes and Ammunition beyond the Sea What else you say concerning the Lord Digby cannot reflect upon the King and must be referred to your Insufficiencies The Commissions to the E. of Newcastle and Col Legg we find to be none other then according to Law and that they were not granted untill his Majestie was assured that some of your leading Members had a designe to procure an Order for seizing those Towns The Vessell that arrived with Arms and Ammunition neer Hull was not till about six moneths after that you had put a Garrison into that town and about three moneths after Sir John Hotham had shut the gates of it against the King The Invasion of the King of Denmarks Dominion by the Swedes we find was two yeares after your seizing of Hull and after the removing of the Magazine from Hull to London and therefore is it one of your insufficiencies as also what precedes Concerning your Intelligence from the Low-Countreyes of fornaign Forces from Denmarke and what followes concerning your notice of a Fleet preparing in Denmarke and that one of the Lord Digbyes servants had sollicited a Marriner or Pilot to conduct it into Hull and concerning the Letter to Secretary Nicholas from the Hague that there were coming from Denmarke Ships with 10000. Arms for Foot c. are all to be reckoned amongst your uncertainties and insussiciencies since experience hath made it evident that there was not the least colour for it Concerning Cockrans Negotiation in Denmarke VVe find from your own Declaration that it was after you were beginning to make head against the King and were levying Forces or rather when the E. of Essex was marching with his Army against His Majesty and the principall Instruction given to him was to presse that King to assist His Majesty with Money Armes and Ammunition you having seized all which belonged to his Majesty and that the same might be sent in some ships of that Crowne because all the Kings owne were taken from him and lay in wait to intercept any provision that should be sent to him And whereas in your Declaration of 22. Octob. 1642. you said Exact Col. p. 670. that Cockran was sent into Denmarke to bring Forces thence into England His Majestie in his Answer disavowes that saying that he had never greater cause to be confident of security in his own Subjects and therefore he could not believe so vile a scandall could make any impression in sober men And if he had not been confident of security in his owne Subjects why might he not move for forraigne aids against the great designe of extirpating the Royall Blood and Monarchy of England declared long since by M. Martin openly in your House without any reproofe at all What is written concerning your endeavour to lay a blemish upon his Majesties mother may happily not be knowne to your whole House businesses of that nature being secretly laid and carried on by a few but we are informed that there are some at VVestminster that know what passed in that businesse and by whose loyalty the motion of it was quashed in the bud VVhat else you cite out of Cockrans Instructions we find to be misrepresented by you for that his Majestie mentioned the Holland Fleet only as allowed by the States to give her Majesty a Convoy into England and concerning other his neighbour Princes and Allies he saith We expect and hope that they will not looke upon so dangerous a precedent to their owne Crowns and Monarchies without contributing to suppresse so pernicious a design begun in this Kingdome Concerning the Queens going into Holland and carrying over and pawning the Jewells of the Crowne c. VVe desire first to know whether those Jewells were not his Majesties owne bought with his owne money or with the moneyes of his Ancestors and not with the moneys of the Crown and whether you can produce any intail of them upon the Crown and if so we conceive they were not unduly imployed by the King for the defence of the Crown Concerning what followes we find that her Majesty tooke her journey into Holland Feb. 23. and that her journey was not resolved on till the beginning of that moneth but you petitioned for the Militia Jan. 26. and Sir Arthur Hasterigg brought in a Bill to that purpose in Octob. before We find also that Major Skippon besieged the Tower Jan. 12. which is to levv War against the King by the 25. Ed. 3. so you had both petitioned for the Militia and took up Armes before her Majesties journey into Holland We have also seen your Reasons of the 15. of July presented to his Majesty for the stay of her Majesties former journey intended beyond the Seas and we find no mention of the Jewells and Plate of the Crown in them and we appeale to your Journall Books in this point Concerning the Kings solemne Protestations c. VVe find that you willfully misunderstand and misrepresent them unto us You are jealous that the Exact Col. p. 125. King intended to bring in forraign Forces to invade the Kingdome his Majesty protests the contrary but intimates that he would make use of forraign force if he shall need them to keep himselfe from oppression You charge the Exact Col. p. 563. King that he had a design of bringing up the Northern Army against the City and the Parliament his Majesty protests the contrary but denies not he consented the Army should come up to secure his Royall person and his Parliament against Tumults May 20. 1642. Exact Col. p. 357. you voted that the King intended to levy war against the Parliament He protesteth the contrary to the Lords at York June 15. as he has declared June 13. Exact