or Congregation of men can have to traduce Him with them Before any discourse be applied to the monstrous Conclusions which are made and for the support and maintenance whereof that Declaration is framed and contrived or to the unreasonable glosses upon His Majesties Propositions and prosecution of his desires of peace and Treaty it will be the best method to weigh and consider those particulars upon which they would be thought to found their desperate Conclusions and in which they say there is a continued tract of breach of trust in the three Kingdomes since His Majesty wore the Crowne 1. The first Charge is that His Majesty in publique Speeches and Declarations hath laid a fit foundation for all Tyranny by this most destructive Maxime or Principle which he saith he must avow That He oweth an account of His Actions to none but God alone and that the Houses of Parliament joynt or separate have no power either to make or declare any Law That which all learned Christians in all ages have taught and all learned Lawyers of this Kingdome have alwaies held and acknowledged is not like to be a destructive principle and a fit foundation for Tyranny and surely this assertion of His Majesties hath no lesse authority For the first the incomparable Grotius upon whom all learned men look with singular reverence saies that even Samuel jus Regum describens satis ostendit adversùs Regis injurias nullam in populo relictam potestatem which saies he rectè colligunt veteres ex illo Psalmi Tibi soli peccavi Because being all ejusà em ordinis the people owe the same obedience to these as they did to those though the absolute power and jurisdiction the Kings of Israel had be no rule for other Princes to claime by And Grotius there cites Saint Ambrose his note upon the same Text Neque ullis ad poenam vocantur legibus tuti imperii potestate homini ergo non peccavit cui non tenebatur obnoxius The wise and learned Lord Chancellor Egerton in his Argument of the Postnati mentions some Texts in the Civill Law of the great and absolute power of Princes as Rex est lex loquens and Rex solus judicat de causa à jure non definita and saies he must not wrong the Judges of the Common Law of the Kingdome so much as to suffer an imputation to be cast upon them that they or the Common Law doe not attribute as great power and authority to their Soveraigns the Kings of England as the Canon Laws did to their Emperours and then cites out of Bracton the Chief Justice in the time of King Hen. 3. and an authentique Authour in the Law these words De Chartis Regiis factis Regum non debent nec possunt Justitiarii nec privatae personae disputare nec etiam si in illa dubitio oriatur possunt eam interpretari in dubiis obscuris vel si aliqua dictio duos contineat intellectus Domini Regis erit expectanda interpretatio voluntas and the same Bracton in another place saies of the King Omnis sub eo est ipse sub nullo nisi tantum sub Deo The ground of that excellent law of Premunire in the 16 year of King Rich 2. c. 5. and the very words of that Statute are That the Crown of England hath been so free at all times that it hath been in no earthly Subjection but immediately subject to God in all things touching the Regality of the same Crowne and to none other and upon that Maxime of the Law that good Statute against the Pope was founded If the King were bound to give an Account of his Actions to any person or power whatsoever God excepted he could not be the onely supream Governour of this Realme which he is declared and acknowledged to be by the Oath of Supremacy which every Member of the House of Commons hath taken or if he hath not he ought not to sit there or to be reputed a Member of Parliament by the Statute of 5 Eliz. c. 1. For the other part of this most destructive maxime or principle That the Houses of Parliament joynt or separate have no power either to make or declare any thing to be Law which hath not been formerly made to be so It hath been the judgment and language of the law it self in all Ages and the language of all Parliaments themselves It was the judgment of the Parliament in the 2 year of King Hen. 5. remembred and mentioned by the King in his Answer to the 19 Propositions That it is of the Kings regality to grant or deny such of their Petitions as pleaseth himself which was the forme then usuall to present those desires which by the Kings approbation and consent were enacted into Laws It was the language of the Law in the 36 year of K. H. 6. reported by my Lord Dyer that the King is the head and that the Lords are chief and principall Members and the Commons to wit the Knights Citizens and Burgesses the inferiour Members and that they all make the Body of Parliament and doubtlesse the Priviledge of Parliament was not in that time held so sacred a thing when an Action of Debt was brought against the Sheriffe of Cornwall for having discharged one Trewynnard a Burgesse of Parliament taken in Execution during the Session of Parliament upon a Writ of priviledge directed to the said Sheriffe and the Kings Bench where the Action was brought and the Sheriffe justified was in those daies the proper place to judge what was the priviledge of Parliament the Law being the most proper Judge of that priviledge as well as of all other rights It is the language of the Authour of Modus tenendi Parliamentum who lived before the time of William the Conquerour and it is the language of Sir Edw. Coke in the Chapter of the high Court of Parliament which was published by a speciall Order of the House of Commons since the beginning of this Parliament that there is no Act of Parliament but must have the consent of the Lords the Commons and the royall assent of the King and the same Sir Edward Coke saies in the 11. p. of that Chapter that Innovations and Novelties in Parliamentary proceedings are most dangerous and to be refused It is the language of the Parliament in the 1 year of King James when to the first Act that was past they desired His Majesties royall assent without which they say it can neither be compleat or perfect nor remaine to all posterity c. Lastly it is the language of this present Parliament and in a time in which they were not very modest in their pretences for in their Declaration of the 19 of May they acknowledge that by the constitution of this Kingdome the power is in His Majesty and Parliament together albeit they conclude in the same Declaration that if He refused to
fact or to any purpose that may advance their Designes They intercept a Letter directed to the Queens Majesty from the Lord Digby before the War began and declare it would be dishonourable to His Majesty and dangerous for the Kingdome if it should not be opened and thereupon with unheard-of presumption they open and peruse the Letter Her Majesty being within a daies journey of them And when the King caused Sir John Hotham's Letters to be opened which were intercepted after he was in Rebellion They declare that it was a high breach of Priviledge which by the Laws of the Kingdome and by the Protestation we are bound to defend with our lives and fortune One Master Booth a Gentleman of quality of Lincolnshire delivered a Petition to the King at Yorke in which he complained of certaine Gentlemen who as Deputy-Lieutenants had put the Ordinance for the Militia in execution in that County and set forth in his Petition severall Actions done and words spoken by them at that time and both himself and one Master Scroope made affidavit before a Master of the Chancery that the Information in the Petition was punctually and precisely true which Petition and Oath being printed the House of Commons frankly declared That it was false Not to speak of their declaring that the Kings comming to the House of Commons was a trayterous design against the King and Parliament and that His Proclamation which He published for the apprehension of those Members was false So that this sole power of declaring would not stand in need of any other power to subvert the whole frame of Government and so dispose of the intire rights of Prince and People according to the variety of their appetites and humour For they say as some presidents of their Predecessours ought not to be rules for them to follow so none can be limits to bound their proceedings And in truth the inconstancy and contradiction in their rules and resolutions is no lesse observable then the other extravagancy In their Petition of the 14 of Decem. 1641. they declared that the King ought not to manifest or declare His consent or dissent approbation or dislike of any Bill in preparation or debate before it be presented to Him in due course of Parliament yet within few daies after in the Petition that accompanied the Remonstrance of the State of the Kingdome they desired His Majesty that He would concur with them for the depriving the Bishops of their Votes in Parliament the Bill for that purpose being still depending in the Lords House and then not like to passe By the Order of the 3 of January 1641. and many Declarations after they declared that if any Person whatsoever shall offer to Arrest or detain the Person of any Member without first acquainting the House that it is lawfull for him to stand upon his defence and make resistance and for any other Person to assist him in so doing but in their Declaration of the 2 of November following they deny that they had said so and acknowledged that a Member in the cases of Treason Felony or the Peace may be Arrested and detained in ordine to his appearance before the Parliament There would be no end of these instances not to speak of those where the House of Peers have declared the Law one way and the Commons an other as in the Order of the 9 of September 2. The next Charge is the private Articles agreed in order to the Match with Spaine and those other private Articles upon the French Marriage so prejudiciall to the Peace Safety Laws c. What those private Articles were or are is not expressed which doubtlesse would have been if a reasonable advantage might have been hoped from it all those Papers being seized and perused by those who have neither respect to the dignity of their Soveraigne or regard of the honour of their Country The Articles with both Kingdomes were transacted by the great wisdome of King James and cannot be imputed to His Majesty that now is neither is there in one or the other any one Article that was not in the Kings power to agree to in the manner in which he did agree and that neither of them were prejudiciall to the Peace Safety Laws and Religion here established is most evident for that Peace and Safety were never more visible nor the Laws and Religion established did ever flourish more in any age then from the time of those Articles to the beginning of this unhappy Parliament which no discourse of correspondence with Rome can hinder from being acknowledged 3. The third matter objected is a Discourse concerning the Death of King JAMES in which there is mention of a Clause in the Impeachment carried up against the Duke of Buckingham by the House of Commons in the 2 year of this King that the King came into the Lords House and took notice of that Charge and said He could be a Witnesse to clear him in every one of them and that shortly after the Parliament was dissolved and they conclude that they leave it to the world to judge where the guilt remaines During the life of King James and to the hour of his death there was no earthly thing He took equall joy and comfort in as in the obedience piety of His Son who was not more reputed and known to be Heire apparent to the Crown then to be the most dutifull and pious Son in the Kingdome and was never known to displease His Father in His life The King died in the 59 year of his age after many terrible fits of an Ague which turned to a quotidian Fever a disease usually mortall to persons of that age and corpulency of body which K. James was of After His death in the 1 year of His Majesties Reigne there was a Parliament called during which time there was never the least whisper or imagination of the King's death to be otherwise then naturall and yet the King had many great persons in His Councel and there were more afterwards in that Parliament who did not pretend any kindnesse to the Duke of Buckingham many of whom must necessarily have observed or at least have been informed of any Arguments for such a notorious and odious practice and would not have suffered any jealousie that could reflect on the Duke to be untaken notice of By that time the Parliament in the 2 year of the King began one George Eglisham an infamous Scotch-man and a Papist having an ambition to be taken notice of as an Enemy to the Duke transported himself into Flanders and from thence about the beginning of that Parliament sent over a small Pamphlet in the form of a Petition in his owne name to the Parliament accusing the Duke of Buckingham of having poysoned the Marquesse of Hamilton and King JAMES which Pamphlet was industriously scattered up and down the streets in the City of London and the House of Commons being
Subjects who have not trespassed against any known Law and imprison others with such unusuall circumstances of restraint cruelty and inhumanity that many persons of reputation integrity and fortunes being first robbed and spoiled of all their Estates for not conforming themselves to the wickednesse of the time have perished in prison and very many of the same condition are like to doe so for want of such nourishment as may satisfie nature and whosoever compares the good old Oaths formed and administred by lawful Authority to every clause whereof the consciences of these very men have seemed fully to submit with the Oathes and Covenants injoyned by themselves will have reason to conclude mens Soules were never in so much danger of captivity and that what the worst men underwent for their notorious crimes in the time of which they complain was recreation and pleasure to what all are now compelled to endure for being honest and conscientious men 7. The long intermission of Parliaments is remembred and that at the dissolution of some priviledges have been broken and that followed with close imprisonment and death That long intermission of Parliaments was graciously prevented and remedied for the future long before these troubles by His Majesties consent to the Bill for trienniall Parliaments and the people would think themselves very happy if they had no more cause to complain of the continuance of this then of the former intermission they having during those twelve years injoyed as great a measure of prosperity and plenty as any people in any age have known and an equall proportion of misery since the beginning of this For the breach of Priviledge and imprisonment of Members the Lawes were open for all men to appeale and have recourse to and that single person that died under restraint suffered that restraint by a Judgment of the Kings Bench so that if there were any injustice in the Case it cannot be charged upon His Majesty 8. The Scene is now removed into Scotland and the new Liturgy and Canons with what succeeded thereupon makes up the next Charge aggravated with the Cancelling and burning the Articles of Pacification which had been there made upon the mediation of the Lords If the King had not been so tender of the Act of Oblivion in the Treaty of Pacification between the two Kingdomes that he would not suffer any provocation to incline Him to ravell into that businesse he might easily have freed Himself from all those calumnies and aspersions And it will be but justice and gratitude in that Nation highly to resent that whilst all guilty men shelter themselves under that Act of Oblivion His Majesty who is the only innocent and injured Person should have His mouth stopped by it which is His own expression and complaint in His Answer to the Declaration at Newmarket from any Reply to the reproaches cast on Him in that matter otherwise He might easily have made it appear that that Liturgy and those Canons were regularly made and framed and sent thither by the advice or with the approbation of the Lords of the Councell of that Kingdome and if the putting them in practice and execution was pursued with more passion impatience there then in prudence policy was agreeable the error was wholly to be imputed to those Ministers of that Kingdome who were most proper to be trusted in it however that so generall a defection and insurrection was not in any degree justifiable or warrantable by the Laws of that Kingdom is most certain they having no visible Forme either of Parliament or King to countenance them as the Army hath lately observed And that the Pacification first made by His Majesties mercy and Christian desire to prevent the effusion of the bloud of His Subjects how ill soever was broken by them and thereupon declined by the full advice of the Lords of His Councell by whose unanimous advice the Articles were publickly burned as may appear by the Record in the Councell Book of that transaction 9. In the next is remembred the calling and dissolving the short Parliament and the Kings proceeding after the dissolution That the calling that Parliament was an Act of the Kings great wisdome and goodnesse was then justly and generally acknowledged and that it was in His owne power to dissolve it when He thought fit is as little doubted but that He did unhappily for Himself by false Information in matter of fact and evill advice dissolve that Parliament is believed by all men and upon the matter confessed by Himself and that that information and advice was most pernicious and the rise of all the miseries we have since undergone is not denied and 't is therefore the more wondred at that the charge of that guilt being part of the impeachment against two great persons whose bloud they have since drunk that particular was declined in the prosecution of them both and that though it be enough known by whose false information and instigation that unfortunate counsell was followed extraordinary care hath been taken that he should not be questioned for it which together with the excessive joy that the principall Actors in these late mischiefs expressed at that sad time gives men reason to conclude that it was contrived by those who have reaped the fruit and advantage of the error What the King took from His Subjects by power which He could not otherwise obtain after that dissolution is not particularly set forth and therefore it is very probable there was no ground for the calumny nor indeed was any man a loser by any such Act of His Majesty 10. Thus far the catalogue reaches of the Kings enormous crimes during the first sixteen years of His Reigne to the beginning of this Parliament in which they confesse they proceeded with ease as long as there was any hope that they would comply with His Majesty against the Scots and give assistance to that war but when He found that hope vaine and that they began to question the Authours of those pernicious Counsells His Majesty discovered Himself so strongly and passionately affected to malignant Counsellours and their Councells that He would sooner desert and force the Parliament and Kingdome then alter His course and deliver up His wicked Counsellours to Law and Justice There are not so many years expired since the beginning of this Parliament though it hath been a tedious age of misery and confusion but that all mens memories will recollect and represent to them the folly and the falshood of this Charge It is not imaginable that the King could expect after the beginning of this Parliament that it would comply with Him and give Him assistance in a War against the Scots when He plainly discover'd that they who were like to be and afterwards proved the chief Leaders and Directors in that Councell were of the same party and how far He was from sheltring any Counsellour or Servant from justice or any colourable proceeding of the
reasons might not as lawfully accuse those Members of high Treason as the Attourny Generall in the first year of this King's Reigne did accuse the Earle of Bristoll upon a Charge more generall who was thereupon committed to the Tower And why His Majesty might not as well have expected that upon his Articles not so generall as a meer verball accusation of high Treason either House would have Committed their severall Members as they had done so many this Parliament and about that time twelve Bishops together upon a confessed ground which every man there who knew what Treason was knew that fact to be none meerly because they were accused His Majesty upon occasion of mentioning this passage saies He could neither then nor yet can understand This being the case there remains nothing but His Majesties own going to the House of Commons for which hear His own words in His Answer to the Declaration of the 19. of May where that matter was loudly laid to His charge When We resolved that it was fit for Our own safety and honour and the peace of the Kingdome to proceed against those persons though We well know there was no degree of priviledge in that case yet to shew Our desire of correspondence with the two Houses of Parliament We chose rather then to apprehend those persons by the ordinary Ministers of Justice which according to the opinion and practice of former times We might have done to command Our Attourny generall to acquaint Our House of Peers with Our intention and the generall matters of Our Charge which was yet more particular then a meer Accusation and to proceed accordingly and at the same time sent a sworn Servant a Sergeant at Armes to Our House of Commons to acquaint them that We did accuse and intended to prosecute the five Members of that House for high Treason and did require that their persons might be secured in custody This We did not only to shew that We intended not to violate or invade their Priviledges but use more ceremony towards them then We conceived in justice might be required of Us and expected at least such an Answer as might informe Us if We were out of the way But We received none at all only in the instant without offring any thing of their Priviledges to Our consideration an Order was made and the same night published in print That if any person whatsoever should offer to arrest the person of any Member of that House without first acquainting that House therewith and receiving further order of that House That it should be lawfull for such Members or any person to assist them and to stand upon his or their guard of defence and to make resistance according to the Protestation taken to defend the Priviledges of Parliament and this was the first time we heard the Protestation might be wrested to such a sence or that in any case though of the most undoubted and unquestionable priviledge it might be lawfull for any person to resist and to use violence against a publique Minister of Justice armed with lawfull authority though we well know that even such a Minister might be punished for executing such authority Upon viewing this Order we must confesse We were somewhat amazed having neither seen nor heard of the like before though We had known Members of either House Committed without so much formality as We had used and upon crimes of a far inferiour nature to those We had suggested And having no course proposed to Us for Our proceeding We were upon the matter onely told that against those persons We were not to proceed at all that they were above Our reach of the Law It was not easie for Us to resolve what to doe if We imployed Our Ministers of Justice in the usuall way for their apprehension who without doubt would not have refused to have executed Our lawfull Commands We saw what resistance and opposition was like to be made which very probable might cost some bloud if We sate still and desisted upon this terrour We should at the best have confessed Our owne want of Power and the weakness of the Law in this strait We put on a sudden resolution to try whether Our own presence and clear discovery of Our intentions which haply might not have been so well understood could remove those doubts and prevent those inconveniences which seemed to be threatned And thereupon We resolved to go in Our Person to Our House of Commons which we discovered not till the minute of our going when We sent out That Our Servants and such Gentlemen as were then in Our Court should attend Us to Westminster but giving them expresse command that no accidents or provocation should draw them to any such Action as might imply a purpose of force in Us and Our self requiring those of Our traine not to come within the Dore went into the House of Commons the bare doing of which We did not conceive would have been thought more a breach of priviledge then if We had then gone to the House of Peers and sent for them to come to Us which is the usuall custome This was His Majesties Answer formerly to this Charge which is therefore here inserted at large as being so full that nothing need be added and it appeared by the Deposition of Barnard Ashly and others taken by them that the King gave His Traine expresse and positive charge that they should give no offence or ill word to any body what provocation soever they met with which Depositions were carefully suppressed and concealed whilst they made use of the testimony of indigent and infamous Fellows to reproach His Majesty from some light and unadvised discourse which was pretended to be uttered by some young Gentlemen who had put themselves into the Traine To conclude it is to be observed that though it were so high a transgression in the King against whom Treason can onely be committed to prefer such a Charge against five Members of the House of Commons who were called together by His Writ and accountable to Him for any breach of Duty that it did absolve them from their Allegiance yet the preferring the like Charge since against Eleven Members by the Army raised and maintained by them and to which they were not accomptable for any thing they did hath been held no crime and it may be no ill exercise for those Gentlemen who with such high contempt of that Soveraigne power to which they owed their allegiance took delight to despise and resist His Majesties just Authority now in their affliction restraint and banishment to consider the hand of God upon them which hath compelled them to submit to the mercenary power raised by themselves to suppresse their King That though they broke through the Kings Article for endeavouring to subvert the fundamentall Laws and Government of this Kingdome and to deprive the King of His legall power and to place on Subjects an Arbitrary and tyrannicall
as any other part of the discourse there being said only by Captain Chudleigh who it seems believed it not by His engaging Himself to the Parliament from that time as the better Pay-masters and was highly valued by them 20. It seems they take it as granted that their frivolous and malitious allegations will serve turne in stead of proofs and therefore they take the boldnesse to tax His Majesty with breach of honour and faith and to reproach Him for calling God to witnesse and making so many solemn protestations against any thought of bringing up the Northern Army or of leavying Forces to wage war with His Parliament or of bringing in forain Forces or aids from beyond the Sea which they say Himself said would not only bury the Kingdom in sudden destruction and ruine but His own name and Posterity in perpetuall scorne and infamy If these Gentlemen would deale faithfully with the world and confesse what troubles them most they would acknowledge that their grief is that the King is so punctuall and severe in keeping His word and protestations not that He is apt to fall from them If He would have practised their arts of dissembling and descended to their vile licence of promising and protesting what He never meant to think of after He might have prevented them in many of their successes but the greatnesse of His mind alwaies disdained even to prosper or be secure by any deviations from truth and honour and what He hath promised He hath been religious in observing though to His own damage and inconvenience He hath made no protestation about bringing up the Northern Army or of leavying Forces against the Parliament or for the Rights of the Subject which was not exactly true and agreeable to the Princely thoughts and resolutions of His heart The occasion of His Majesties using that expression concerning forain Force which is here remembred by them was this In the Declaration delivered to His Majesty from the two Houses at Newmarket on the 9 of March 1641. they told Him that by the manifold advertisements which they had from Rome Venice Paris and other parts they expected that His Majesty had still some great designe in hand and that the Popes Nuntio had solicited the Kings of France and Spaine to lend His Majesty four thousand men apiece to help to maintain His Royalty against the Parliament were some of the grounds of their fears and jealousies To which His Majesty made answer in these words What your advertisements are from Rome Venice Paris and other parts or what the Pope's Nuntio solicited the Kings of France or Spaine to do or from what persons such informations come to you or how the credit and reputation of such persons have been sifted and examined We know not but are confident no sober honest man in Our Kingdomes can believe that We are so desperate or so senslesse to entertain such designes as would not only bury this Our Kingdome in sudden destruction and ruine but Our name and posterity in perpetuall scorn and infamy That this Answer was most prudently and justly applied to that extravagant and senslesse suggestion cannot be doubted but because the King at that time before the War or a declared purpose in them to raise a War against Him held it an odious and infamous thing to thinke of bringing in foraine Forces upon His owne Kingdome that He might not therefore think it afterwards necessary and find it just to call in forain Succours to defend Him from a Rebellion that besides mixtures of all Nations was assisted by an intire forain Army to oppresse Him and His posterity no reasonable man can suggest or suppose and yet how far He hath been from entertaining any such aide the event declares which it may be many wise men reckon amongst His greatest errours and oversights and which no question if He had not been full of as much tendernesse and compassion towards His people as these men want He would have found no difficulty to have practised They proceed to improve this most groundlesse and unreasonable scandall by another instance that when His Majesty Himself and the Lords made a Protestation at Yorke against leavying Forces He commanded His Subjects by Proclamation to resist the Orders of the Parliament and did many other Facts contrary to that Protestation the particulars whereof are mentioned and shall be examined and answered The Act which they call a Protestation by the King the Lords at Yorke passed on the 15 day of June 1642. being six and twenty daies after both Houses had declared that the King intended to leavy war against the Parliament and thereupon published their Propositions for bringing in Money or Plate for the raising and maintaining an Army The King conceiving so positive and monstrous an averment might make some impression upon and gain credit with his people called the Peers together who attended Him and taking notice of that wicked Declaration declared to them That He alwaies had and then did abhor all such designes and desired them to declare whether being upon the place they saw any colour of preparations or counsels that might reasonably beget a belief of any such designe and whether they were not fully perswaded that His Majesty had no such intention whereupon seven and thirty Peers who then attended His Majesty being double the number that at that time or since remained in the House of Peers at Westminster unanimously declared under their hands which was published to the Kingdome that they saw not any colour of preparations or counsels that might reasonably beget the belief of any such designe and did professe before God and testifie to all the world That they were fully perswaded that His Majesty had no such intention but that all His endeavours did tend to the firm and constant setlement of the true Protestant Religion the just Priviledges of Parliament the Liberty of the Subject the Law Peace and prosperity of the Kingdome notwithstanding which clear evidence they made what haste they could to raise an Army and to engage the people against their Soveraigne Lord the King That His Majesty intended not by that profession on His part nor the Lords thought themselves obliged on their parts to give any countenance to or not to resist the Orders which then issued out every day from those at Westminster who called themselves the two Houses needs no other evidence then His Majesties Declaration published two daies before 13 of June in which amongst other particulars He declared to the Peers That He would not as was falsly pretended engage them or any of them in any War against the Parliament except it were for His owne necessary defence and safety against such as should insolently invade or attempt against His Majesty or such as should adhere to Him And that very day the very same Peers whereof the Earl of Salisbury was one engaged themselves to the King under their hands That they would defend
it was done and in both cases by the help of God and the Law he would have justice or lose his life in the requiring it so that certainly the King never concealed or dissembled his purposes and accordingly he did indeed toward the middle of Iuly go with his Guards to Beverly having some reason to believe that Sir Iohn Hotham had repented himself of the crime he had committed and would have repaired it as far as he had been able of which failing to his own miserable destruction without attempting to force it his Majesty again returned to Yorke Having made it now plainly appear how falsly and groundlesly his Majesty is reproached with the least tergiversation or swarving from his promises or professions which no Prince ever more precisely and religiously observed it will be but a little expence of time again to examine how punctuall these conscientious reprehenders of their Soveraigne have been in the observation of what they have sworn or said In the first Remonstrance of the House of Commons of the State of the Kingdome they declare that it is far from their purpose or desire to let loose the golden reines of discipline and government in the Church to have private persons or particular Congregations to take up what forme of divine Service they please for they said they held it requisite that there should be throughout the whole Realme a conformity to that Order which the Laws enjoyne In their Declaration of the 19 of May speaking of the Bill for the continuance of this Parliament they say We are resolved the gratious favour His Majesty expressed in that Bill and the advantage and security which thereby we have from being dissolved shall not encourage us to do any thing which otherwise had not been fit to have been done In the conclusion of their Declaration of the 26 of May 1642. apprehending very justly that their expressions there would beget at least a great suspition of their loyalty they say They doubt not but it shall in the end appear to all the world that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion the Kings just Prerogatives the Lawes and Liberties of the Land and the Priviledges of Parliament in which endeavours by the grace of God they would still persist though they should perish in the worke In their Declaration of the 14 of Iune 1642. the Lords and Commons doe declare That the designe of those Propositions for Plate and Money is to maintain the Protestant Religion the King's Authority and Person in His Royall dignity the free course of Iustice the Laws of the Land the Peace of the Kingdome and Priviledges of Parliament As they have observed these and other their professions to the King and the Publique so they have as well kept their promises to the people in their Propositions of the 10 of Iune 1642. for bringing in Mony or Plate the Lords and Commons do declare That no mans affection shall be measured according to the proportion of his offer so that he expresse his good will to the Service in any proportion whatsoever the first designe was to involve as many as they could in the guilt how small soever the supply was but on the 29 of November following the same Lords and Commons appointed Six persons who or any Four of them should have power to assesse all such persons as were of ability and had not contributed and all such as had contributed yet not according to their ability to pay such summe or sums of mony according to their estates as the Assessors or any Four of them should think fit and reasonable so as the same exceeded not the twentieth part of their Estates Infinite examples of this kind may be produced which are the lesse necessary because whosoever will take the pains to read their own Declarations and Ordinances shall not be able to find one protestation or profession made by them to God Almighty in the matter of Religion or to the King in point of duty and obedience or one promise to the people in matter of Liberty Law and Iustice so neer pursued by them as that they have ever done one composed Act in Order to the performance of either of them which very true assertion shall conclude this Answer to that reproach of his Majesties not having made good his Protestations 21. The next Charge is That His Majesty proclaimed them Traytors and Rebels setting up His Standard against the Parliament which never any King of England they say did before Himself His Majesty never did nor could proclaime this Parliament Traytors he well knew besides his own being the head of it that four parts of five of the House of Peers were never present at any of those trayterous conclusions and that above a major part of the House of Commons was alwaies absent and that of those who were present there were many who still opposed or dissented from every unlawfull act and therefore it were very strange if all those innocent men of whom the Parliament consisted as well as of the rest should have been proclaimed Rebels and Traytors for the acts of a few seditious persons who were upon all occasions named and if the Parliament were ever proclaimed Traytors it was by them only who presumptuously sheltred their rebellious acts under that venerable name and who declared that whatsoever violence should be used either against those who exercise the Militia or against Hull they could not but believe it as done against the Parliament They should have named one person proclaimed Rebell or Traytor by the King who is not adjudged to be such by the Law The King never proclaimed Sir Iohn Hotham Traytor though it may be he was guilty of many treasonable acts before till he shut the Gates of Hull against him and with armed men kept his Majesty from thence and besides the concurrent testimony of all Judgments at Law it appears and is determined by the Lord Chief Justice Coke published by the House of Commons this Parliament in his Chapter of High Treason That if any with strength and weapons invasive and defensive doth hold and defend a Castle or Fort against the King and His power this is leavying of War against the King within the Statute of the 25 year of Edw. 3. The King proclaimed not those Rebels or Traytors who Voted That they would raise an Army and that the Earl of Essex should be Generall of that Army what ever he might have done nor the Earle of Essex himself a Traytor upon those Votes untill he had accepted that title and command of Captaine Generall and in that quality appeared amongst the Souldiers animating and encouraging them in their trayterous and rebellious designes as appears by his Majesties Proclamation of the 9 of August 1642. by which he was first proclaimed Traytor and there was no other way to clear the Earle of Essex from being
Law is as well known neither did He deny His royall assent to any one Bill till after He was by force Tumults driven from White Hall and after he had indeed consented to whatsoever could be honestly asked of Him for the security and benefit of the Kingdome 11. The Queen is too near His Majesty not to bear a part and a share with Him in these calumnies and therefore Her designe to advance Popery is remembred and Her observing a Popish Fast with Secretary Windebanks going beyond Sea by His Majesties Passe after He was questioned by the House of Commons What that designe of Her Majesty was for the advancement of Popery is not particularly mentioned and therefore no Answer can be given to it and having expressed so much undutifulnes malice to Her Majesty throughout the whole course of their Rebellion it is not probable they have concealed any thing they could lay to Her charge For the Fast observed by Her it is well known that the time of it was when the King was in the Field and his Person liable to much danger which piety and devotion was very agreeable to Her goodnesse and exemplar affection towards her Husband And the Kingdome would think it self abundantly blessed if the Fasts since observed by these men had produced no worse effects then that did w ch was observed by her M ty For S. Windebanke the House of Cōmons had it in their power to have proceeded against him to have prevented his escape he being in the House and according to order withdrawn into the Committee Chamber after the report was made and after as much appeared against him as was ever objected or discovered afterwards but the House contrary to custome rose without proceeding upon it and therefore His Majesty might very well give him leave to dispose of himself And the truth is they by whom the House was then guided were best pleased with his absence and purposely declined the proceeding against him when he was in their hands thinking it easier to procure his place for one of their principall Members to whom they had designed it upon the advantage of his flight then if he had staid to abide his Triall which for many reasons they would not have thought fit to hasten or to proceed in 12. The Allegations of Commissions given to Popish Agents for private leavies except they intend the Collections made amongst the Papists of money for the Kings expedition into the North which was likewise amongst and no lesse liberally complied with by the Lords of the Privy Counsell and the other Protestants of the best quality throughout the Kingdom or that the Papists began to rise and arme themselves in the Northwest of England and Wales the raising Soldiers under pretence for Portugal and the seizing of the Tower are so stale vaine and ridiculous that though upon the first contrivance of them the fame served the turn of the Contrivers mens observation and knowledge having since informed them that there was nothing like either of them there needs no further Answer to them 13. The next Article is the great Caball for bringing up the Northerne Army to over-awe the Parliament the chief part of which they can prove they say to come from Himself to the maine Actors though the King did so often and solemnly dis-avow it as nothing but loose discourses of a modest Petition which also vanished two or three Months he saith before they knew of it They doe well to except against the Kings positive denying it when they have onely their owne confident and positive affirming it for proof but they had need suppresse and burn all His Majesties Declarations and Answers in which He hath abundantly satisfied the world in this particular as well as they restrain His Person and as they have concealed all those Depositions taken by themselves in this Argument which would manifest clearly that there was no such designe by His Majesty so they need recall all those they have already published if they desire to have that designe believed The King in His Answer to the Declaration presented to Him at Newmarket uses these words We cannot without great indignation suffer Our self to be reproached to have intended the least force or threatning to Our Parliament as the being privy to the bringing up the Army would imply whereas We call God to witnes We never had any such thought or knew of any such resolution concerning Our late Army And afterwards His Majesty in His Declaration of the 12 of August a Declaration that never was offered to be Answered at large set forth all He ever knew of that businesse or which upon exact inquiry He could imagine to be in it by which it plainly appears that some Officers of the Army of very good and confessed reputation for their affection to their Country observing the strange Petitions every day presented to the House of Commons against the established Laws and Government of the Kingdome and the unlawfull manner in the delivering those Petitions by thousands of disorderly persons in Tumults supposed that a Petition of a most modest and dutifull nature from the whole Army for the composing and setling all grievances in the Church and State by Law might for the reason of it prevaile with the whole House and coming from such a body might confirm those who might be shaken with any fears of power or force by the Tumults and His Majesty being made acquainted with this proposition gave his full approbation to it which He had great reason to do since as there was notable industry used to corrupt His Army and to make it applicable to the ill purposes then resolved on so pains was taken to perswade the people that it was in truth very indevoted to the King and ready to serve the Parliament any way it should direct And as His Majesty saies if in the managery of this debate any rash discourses hapned of bringing up the Army it is evident whether they were proposed in earnest or no that they were never entertained and the whole matter was laid aside above two Months before any discovery so that that danger was never prevented by the power or wisdome of Parliament It appears by the evidence and Depositions published by themselves by the Order of the 19 of May 1642. together with that Declaration that this dangerous Plot began without the least privity of the Kings upon some Officers taking offence dis-like that of fifty thousand pounds Ordred for payment of the Kings Army ten thousand pounds was taken by an after Order out of that summe to satisfie a new motion and importunity from the Scots and that those Officers upon that distast discoursed that they were disobliged by the Parliament and not by the King and thereupon concluded to tender their Services to His Ma ty in all things honourable and agreeable to the fundamentall Laws of the Kingdome That in debates afterwards together
the like number should be likewise transported for France whereby the whole Army would have been disposed of against which the Irish Committee more pressed then against the other alleaging that there were not men in that Kingdome to spare whereupon the House of Commons by their private Agents prevailed with the French Ambassadour who more desired to hinder the supply for Spaine then to procure the like for his Master and it may be to see the King controlled by the Parliament then either of the other to release the King of His promise to him so that they would prevent the Spaniard's having any men And thereupon they re-inforced their importunity to the King for the present Disbanding and not sending any of that Army out of Ireland in such a manner as His Majesty was forced to yeild to it and thereby no question much was contributed to the opportunity and disposition of rebelling and to whose account that advantage is to be put all the world may judge yet it may be fit to observe that of that Irish Army which these men would have believed to be no lesse then a Stratagem against the Protestant Religion not one Officer above the quality of Captaine and not above two of that condition have served in that Rebellion in Ireland against the King In all Rebellions the chief Authors and Contrivers of it have made all fair pretences and entred into such specious Oaths as were most like to seduce and corrupt the people to joyne with them and to put the fairest glosse upon their foulest combination and conspiracy and therefore it is no wonder if the Rebels in Ireland framed an Oath by which they would be thought to oblige themselves to bear true Faith and Allegiance to King Charles and by all meanes to maintain His Royall Prerogative at a time when they intended nothing lesse And Owen Connelly who was the first happy discoverer of that Rebellion in the same Deposition in which he saies the Rebels would pay the King all His Rights saies likewise that they said they took that course to imitate Scotland who got a priviledge by it and Marke Paget in the same Examination in which he saies that the Rebels report that they have the Kings Warrant and great Seale for what they doe saies likewise that they threaten that as soon as they have rooted out the Brittish and English there to invade England and to assist the Papists in England and therefore it is a wonderfull thing that what they sweare or what they say should be imputed to Him against whom they have rebelled and forsworn themselves The Authours of this Declaration have besides their Oaths of Allegiance and Supremacy in the Protestation of the 5. of May sworn that they would maintaine and defend the Kings royall Person honour and estate and shortly after would perswade the people that they were by that very Protestation obliged to take up Armes against Him in their Declaration of the 19. of May they used these words The providing for the publique peace and prosperity of His Majesty and all His Realmes we protest in the presence of the all-seeing Deity to have been and still to be the only end of all our Counsells and endeavours wherein we have resolved to continue freed and enlarged from all private aymes personall respects or passions whatsoever and the very next day Voted that He intended to make War against His Parliament and that whosoever should serve or assist Him were Traytors by the fundamentall Laws of the Kingdome and upon that conclusion of His intention actually leavied an Army and marched against him In their Petition of the 2. of June they tell him that they have nothing in their thoughts and desires more pretious and of higher esteem next to the honour and immediate service of God then the just and faithfull performance of their duty to His Majesty and together with that Petition present the 19. Propositions to Him by which they leave Him not so much power in His Kingdome as the meanest Member of either House reserves to himself Lastly to omit infinite other instances in their Instructions of the 18. of August to the Deputy Lieutenants of Cheshire they required them to declare unto all men that it had been and still should be the care and endeavour of both Houses of Parliament to provide for His Majesty That they doe not nor ever did know of any evill intended to His Majesties Person when the only businesse and end of those directions and instructions were to raise that whole County against Him So that this clause of the Rebels Oath in Ireland is no more to be objected against the King then those other clauses in their own Oaths and Declarations which they have not yet charged His Majesty withall Concerning the Proclamation against the Rebels in Ireland which they say they could not obtaine in divers Months and then that but 40 Copies were printed and expresse Order given that none should be published till further directions hear His Maj. own full Answer to that Charge in His Answer to the Declaration of the 19. of May in these words 'T is well known that we were when that Rebellion brake forth in Scotland That We immediatly from thence recommended the care of that businesse to both Houses of Parliament here after We had provided for all fitting supplies from Our Kingdome of Scotland that after Our returne hither We observed all those formes for that service which We were advised to by Our Councell of Ireland or both Houses of Parliament here and if no Proclamation issued out sooner it was because the Lords Justices of that Kingdome desired them no sooner and when they did the number they desired was but Twenty which they advised might be Signed by us which we for expedition of the service commanded to be printed a circumstance not required by them and thereupon signed more then they desired So that it is an impudent Assertion that they could not obtain a Proclamation in divers Months when they never so much as desired or moved it and it was no sooner moved to the King but He gave Order in it the same Houre But it will not be amisse since this particular hath bin with so much confidence and so often unreasonably objected against His Majesty to speak somewhat of the custome and order usually observed in sending Proclamations into that Kingdome and of the reason why so many and no more were at that time sent except upon any extraordinary reasons the King never signes more then the first draught of the Proclamation fairly ingrossed in parchment which being sent to the Lord Deputy or Lords Justices in Ireland is there printed and the printed Copies dispersed as they are in England His Majesties signe Manuall being not to any of those Copies The Lords Justices and Councell taking notice of the rumour industriously spread amongst the Rebels that they had the Kings authority for what they did
great charge to entertain a Guard for securing Us from that danger These are His Majesties own words and containe no more then is known to all men and hath never yet been particularly denied by themselves therefore sure the King had great reason to provide some Guard for Himself and what was that Guard Many Colonels and Officers of quality attended the Parliament for Mony due to them by the publique Faith which to this day hath not been paid to them these Gentlemen upon the Offer of their Service to the King in this exigent were listed and attended at White-hall to defend it against the insolency of those Tumults and the little Ammunition and Armes which was brought thither was for that purpose That the Houses within few daies after raised a stronger Guard for themselves without and against the King's Consent and with that and other Forces countenanced by that drove the King from the Towne is as true and notorious to all the world What is meant by the Fire-works found and taken in Papists houses is not understood except they intend the Lord Herbert's house which being at that time mentioned and examined was in the House of Commons rejected as an idle bruite some of their principall Members affirming they had been there and were satisfied that there was nothing in the practice or designe but what was very justifiable The Tower was so farre from being filled with new Guards that there were no new Guards put there till the Houses took the boldnesse to doe it and if the King had made any addition of strength to His own Fort it would have been no more then He might well have done But that the having Granadoes and all sorts of Fire-works Morters and great Pieces of Battery ready prepared in the Tower should be objected to the King is wonderfull since it is the proper place where such Utensils for war are to be and if they had been in any other place it might have administred some occasion of jealousie there were no more pieces of Battery prepared and mounted against the City then had been usuall and accustomed It was in the King 's just power to remove any man from being Lieutenant of the Tower whose fidelity or affection he suspected or made question of yet what just reason soever He had for either Sir William Balfore was removed with his own consent and upon such a present recompence in mony as himself thought an ample compensation it is true some factious Citizens who were alwaies ready to be applied to any seditious action petitioned against Sir John Byron who succeeded in that Command and alleaged that their jealousie was such that they were forced to forbear the bringing in of Bullyon to the Mint when in truth there was not one of those who concurred in that Petition that ever brought Bullyon thither or used thar Trade and to use His Majesties owne words it is notoriously known There was more Bullyon brought into the Mint in the time that Gentleman was Lieutenant then in the same quantity of time in any mans remembrance And surely it will be a great brand upon that time and the City to posterity and an evidence how far they were from lodging English hearts in their brests that they would think themselves lesse secure in Sir John Byron a person of Noble Extraction generous education unblemished reputation and a full fortune then of an indigent Forainer who had no other Arts to live by then those of which they justly complained and could not serve them without betraying his faith to his Master to whom he was particularly sworn and ingaged by infinite Obligations Hitherto they have examined only the errors and oversights at least the lesse raging enormities of the first Sixteen or Seventeen years of His Majesties Reigne now they are entring into the high waies where they say the tract of open force against the Parliament and Kingdom did appear more visible 17. The first instance is the Charge of Treason against some of both Houses and that unparallel'd Act of violence by the King 's coming so attended to the House of Commons which they say was but the Prologue to a bloudy Tragedy c. Though the tale of the Members did at that time serve their turne to worke upon the un-skilfull and un-distinguishing minds of the people and to apply them to their Service it was believed they would have now blushed to have remembred it since as discerning-men were not at that time in any degree satisfied of their innocence so all men by the demeanour of those Members afterwards have concluded that the King had very good reason then to accuse them though it may be the act was not so happily deliberated on as to foresee those accidents which might disturb the progresse of it Before any thing be said of the matter it self how far the King was from doing what was not right it will not be amisse to look back how far they then imputed this act to the King which is now so principall a part of the Charge against Him After His Majesty had excepted against some expressions used by them of His comming to the House of Commons as if He had intended violence in their Petition presented to Him at Tiballs 1. of March 1641. they besought His Majesty to believe that the dangerous and desperate designe upon the House was not inserted with any intention to cast the least aspertion upon His Majesty but therein they reflected upon the malignant party c. so that it seems the Houses then were not of the same opinion these men are now of For the matter it self That any Members of either House may be prosecuted in the same manner as if they were not Members in the case of Treason or Felony is so known a truth that no man who pretends to know the Laws of the Kingdome or Presidents of Parliament ever thought the contrary or heard the contrary said till since the case of these Members and the same hath been alwaies acknowledged in all Parliaments and may be said to be acknowledged by this since the Lord chief Justice Coke sets it down as a maxime in his Chapter of the High Court of Parliament which was printed by the especiall Order of the House of Commons since this Parliament began That the King had reason to accuse these Members of high Treason can be as little doubted since He could make particular proof against them of a solemn Combination entred into by them for altering the Government of the Church and State of their soliciting and drawing down the Tumults to Westminster and of their bidding the people in the height of their rage and fury to go to White-hall of their scornfull and odious mention of His Majesties Person and their designe of getting the Prince into their hands and of their Treating with Forain power to assist them if they should faile in their enterprizes And why the King's Attourny upon these
power yet they could not break through the Charge of the Army for invading infringing or endeavouring to overthrow the Rights and Liberties of the Subjects of this Nation in arbitrary violent and oppressing waies and for endeavouring by indirect and corrupt practises to delay and obstruct Justice to the great damage and prejudice of divers of the poor Commoners of England Though they were too mighty to be touched upon the Kings accusation of having endeavoured by many foule aspersions upon His Majesty and His Government to alienate the affections of His people and to make His Majesty odious to them yet they were not able to bear the burthen of an Accusation of having endeavoured by false informations mis-representations or scandalous suggestions against the Army to beget mis-understandings prejudices or jealousies in the Parliament against the Army and to put insufferable injuries abuses and provocations upon the Army whereby to provoke and put the Army into dis-temper Though they slighted the King's Charge of having trayterously invited and incouraged a forain power to invade His Majesties Kingdome of England yet they cannot throw off the Charge from the Army of having invited the Scots and other forain Forces to come into this Kingdome in a hostile manner to abet and assist them in the prosecution and effecting of their designes Lastly they may with their eyes hands and hearts lift up to Heaven remember how they contemned and despised the King when he charged them that they had endeavoured as far as in them lay by force and terrour to compell the Parliament to joyne with them in their trayterous designes and to that end had actually raised and countenanced Tumults against the King and Parliament And now their owne Army whereof very many then assisted them in those Tumults to drive away the King and the Members of both Houses accuses them of having invited incouraged abetted or countenanced divers Reformadoes and other Officers and Souldiers tumultuously and violently to gather together at Westminster to affright and assault the Members of Parliament in passing to and from the House to offer violence to the House it self and by such violence outrages and threats to awe and inforce the Parliament As the Charge allowed and countenanced now from their owne Army is upon the matter the same which was with so much noise and insolence rejected when it was presented from the King and is now objected against Him as a hainous crime so with reference to their Priviledges which like the Logitians line is divisibilis in semper divisibilia and serves their turne to inable them to aske any thing from the King they think fit to demand and to refuse any thing to Him He requires from them the progresse and proceedings thereupon hath been very different in stead of suspending and discountenancing them upon the King's accusation they are brought in triumph with an Army to the House the Army upon the bare exhibiting their generall Articles require that the persons impeached may be forthwith suspended from sitting in the House and will receive no deniall it must be consented to for they will not indure that the persons impeached by them shall continue in power and capacity to obstruct due proceedings against themselves and for their own escape from justice to threaten ruine to the whole Nation as by the Letter from the Army of the 21. of June appears The King was checked upon the matter of Priviledge and then imperiously required to send the evidence which He had against those He had accused to the House where they principally governed and could easily judge what was secure for themselves His Majesty desired that before His proofs were discovered against them and lest a new mistake should breed more delaies it might be resolved whether His Majesty were bound in respect of Priviledges to proceed against them by impeachment in Parliament or whether He were at liberty to prefer an Indictment against them at Common Law in the usuall way or had His choice to which they would give no other Answer then that they desired Him to give directions that the Parliament might be informed before Friday next what proof there was against them that accordingly they might be called to a legall triall it being the undoubted right and priviledge of Parliament that no Member of Parliament can be proceeded against without the consent of Parliament The Army tells them plainly by their Letter of the 25. of June That they wish the name of Priviledges may not lie in ballance with the Safety of a Kingdome and the reality of doing justice which as they had said too often they could not expect whilst the persons they had accused were the Kingdomes and their Judges And in the Remonstrance of the Army of the 23. of June that no priviledges ought to protect wicked men in doing wrong to particulars or mischief to the publick and that whoever most adores or tenders those priviledges will best expresse his Zeale towards them in taking care they be not abased or extended to private wrong and publique mischief for they say they clearly find and all wise men may see it that Parliament priviledges as well as Royall prerogative may be perverted abused to the destruction of those greater ends for whose protection and preservation they were admitted or intended viz. the Rights and Liberties of the people and safety of the whole and in case they be so the abuse evill or danger of them is no lesse to be contended against and a remedy thereof no lesse to be endeavoured then of the other And upon these grounds they conclude that they shall be inforced to take such courses extraordinary as God shall enable and direct them to unlesse by Thursday night next they receive assurance and security to themselves and the Kingdome for a more safe and hopefull proceeding in an ordinary way by having those things granted which before they insisted on These have been the proceedings of late in the point of accusing Members and in the case of Priviledge all which are so far justified by the Houses that the Army hath received publique thanks and approbation for all that they have done and their accusations have been received countenanced and promoted and their desires granted against the persons they accused so that as the King did nothing in the accusation of those Members but what was justifiable by the Law and former Presidents of Parliament so whatsoever He did is since justified by the later Presidents which themselves have consented to and approved And so we return to the place from whence this consideration carried us There is a mention of the Lord Digby's appearing in a War-like manner and afterwards his going beyond the Seas and from thence giving advice to the King to retire to some strong place c. which are all so well known have been so often answered and have so little reference to the King that time is not to
guilty of Treason by that act of his within the expresse words of the 2 Chapter of the 25 yeare of King Edw. 3. but by declaring that by leavying war against our Lord the King in his Realme which in that Statute is declared to be high Treason is meant leavying war against the Parliament and yet Mr. St. Iohn observed in his Argument against the Earle of Strafford printed by Order that the word KING in that Statute must be understood of the King 's naturall person for that person can onely die have a Wife have a Son and be imprisoned The Lord chief Justice Coke in his Commentary upon that Statute saith If any leavy War to expulse Strangers to deliver men out of Prisons to remove Counsellours or against any Statute or to any other end pretending Reformation of their own head without any warrant this is leavying war against the King because they take upon them Royall authority which is against the King and that there may be no scruple by that expression without warrant the same Author saies in the same place and but few lines preceding that no Subject can leavy War within the Realm without authority from the King for to him it only belongeth Preparation by some overt act to depose the King or to take the King by force and strong hand and to imprison Him untill he hath yeilded to certain demands this is a sufficient overt act to prove the compassing and imagination of the death of the King for this is upon the matter to make the King a Subject and to disspoyle Him of His Kingly Office of Royall government as is concluded by the same reverend Authour and likewise that to rise to alter Religion established within the Kingdome or Lawes is Treason These Declarers cannot name one person proclaimed a Rebell or Traytor by the King who was not confessedly guilty of at least one of these particulars and being so the King did no more then by the Law He ought to doe and Mr. St. Johns acknowledged in his Argument against the Earle of Strafford that he that leavies War against the Person of the King doth necessarily compasse His death and likewise that it is a War against the King when intended for the alteration of the Lawes or Government in any part of them or to destroy any of the great Officers of the Kingdome For the setting up the Standard it was not till those persons who bearing an inward hatred and malice against his Majesties Person and Government had raised an Army and were then trayterously and rebelliously marching in battle-array against his Majesty their Liege Lord and Soveraigne as appears by his Majesties Proclamation of the 12 of August 1642. in which He declared His purpose to erect His royall Standard and after they had with an Army besieged his Majesties antient standing Garrison of Portsmouth and required the same in which the King's Governour was to be delivered to the Parliament and after they had sent an Army of Horse Foot and Cannon under the command of the Earle of Bedford into the West to apprehend the Marquesse of Hertford who was there in a peaceable manner without any Force till he was compelled to raise the same for his defence and to preserve the peace of those Counties invaded by an Army and then when his Majesty was compelled for those reasons to erect his Standard with what tendernesse He did it towards the two Houses of Parliament cannot better appear then by His owne words in his Declaration published the same day on which that Proclamation issued out which are these What Our opinion and resolution is concerning Parliaments We have fully expressed in our Declarations We have said and will still say they are so essentiall a part of the constitution of this Kingdome that We can attaine to no happinesse without them nor will We ever make the least attempt in Our thought against them We well know that Our self and Our two Houses make up the Parliament and that We are like Hipocrates Twins We must laugh and cry live and die together that no man can be a friend to the one and an enemy to the other the injustice injury and violence offered to Parliaments is that which We principally complaine of and We again assure all Our good Subjects in the presence of Almighty God that all the Acts passed by Us this Parliament shall be equally observed by Us as We desire those to be which do most concern Our Rights Our quarrell is not against the Parliament but against particular men who first made the wounds and will not suffer them to be healed but make them deeper and wider by contriving fostering and fomenting mistakes and jealousies betwixt body and head Us and the two Houses whom We name and are ready to prove them guilty of High Treason c. And then his Majesty names the persons This was the King's carriage towards and mention of the Parliament very different from theirs who are now possessed of the Soveraigne power the Army who in their Remonstrance of the 23 of June last use these words We are in this case forced to our great grief of heart thus plainly to assert the present evill and mischief together with the future worse consequences of the things lately done even in the Parliament it self which are too evident and visible to all and so in their proper colours to lay the same at the Parliament Dores untill the Parliament shall be pleased either of themselves to take notice and rid the House of those who have any way mis-informed deluded surprized or otherwise abused the Parliament to the passing such foule things there or shall open to us and others some way how we may c. which would not have been mentioned here if they had been onely the extravagant act and words of the Army but they are since justified and made the words of the two Houses by their declaring in their late Declaration of the 4 of March in Answer to the Papers of the Scots Commissioners That if there be any unsound principles in relation to Religion or the State in some of the Army as in such a body there usually are some extravagant humours they are very injuriously charged upon the whole Army whereof the governing part hath been very carefull to suppresse and keep down all such peccant humours and have hitherto alwaies approved themselves very constant and faithfull to the true interest of both Kingdomes and the cause wherein they have engaged and the persons that have engaged therein so that this Remonstrance being the Act of the Generall Lieutenant-Generall and the whole Councell of War which is sure the governing part it is by this Declaration fully vindicated to be the Sense of the two Houses 22. The setting up a mock Parliament at Oxford to oppose and protest against the Parliament of England which his Majesty and both Houses had continued by Act of Parliament is in the
next place objected against his Majesty There was neither reall nor mock Parliament set up at Oxford but when the King found that most of the Members of either House were driven from Westminster by force as his Majesty had been and yet that the authority and reputation of Parliament was applied for the justification of all the rebellious Acts which were done even to the invitation of Forain power to invade the Kingdome as well for the satisfaction of His people that they might know how many of the true Members of Parliament abhorred the acts done by that pretended authority as for His owne information his Majesty by his Proclamation of the 22 of Decemb. in the year 1643. invited all the Members of both Houses who had been driven or being conscious of their want of freedome had withdrawn from Westminster to assemble at Oxford upon the 22 of January following when He said all His good Subjects should see how willing He was to receive advice for the Religion Laws and safety of the Kingdome from those whom they had trusted though He could not receive it in the place where He had appointed Upon which Summons and Invitation by his Majesty eight and forty Peers attended his Majesty there being at least twenty others imployed in his Armies and in the severall Counties whose attendance was dispenced with and nine others in the parts beyond the Seas with his Majesties leave and of the House of Commons above one hundred and forty there being likewise absent in the Armies neer thirty more who could not be conveniently present at Oxford When his Majesty found the appearance so great and so much superiour in number as well as quality to those at Westminster He hoped it would prove a good expedient to compose the minds of the other to a due consideration of the misery into which they had brought their Country and referred it to them to propose any advice which might produce so good an effect what addresses and overtures were then made by them and afterwards by His Majesty to perswade them to enter upon any Treaty of Peace and with what contempt and scorne the same was rejected will be too long to insert here and is sufficiently known to the world thereupon this 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 was taken away and then declared how much they abhorred the undutifull and rebellious acts which were countenanced by those who staid there and declared their own submission and allegiance to his Majesty and in the end concluded That as at no time either or both Houses of Parliament can by any Orders or Ordinances impose upon the people without the King's consent so by reason of the want of Freedome and Security for all the Members of the Parliament to meet at Westminster and there to sit speak and vote with freedome and safety all the Actions Votes Orders Declarations and pretended Ordinances made by those Members who remaine still at Westminster were void and of none effect yet they said they were far from attempting the dissolution of the Parliament or the violation of any Act made and confirmed by his Majesty but that it was their grief in the behalf of the whole Kingdome that since the Parliament was not dissolved the power thereof should by the treason and violence of those men be so far suspended that the Kingdome should be without the fruit and benefit of a Parliament which could not be reduced to any action or authority till the liberty and freedome due to the Members should be restored and admitted which Declaration hath not onely ever received any Answer but with great care hath not been suffered to be printed in the last Collection of Orders and Declarations where the other proceedings at Oxford of that time are set forth that the people may lose that evidence against them which can never be answered or evaded This was that Assembly which these Declarers call the mock Parliament at Oxford and these the proceedings of it of the justice and regularity whereof if there could have been heretofore any doubt made the same is lately vindicated sufficiently by both Houses for if those Lords and Commons at Oxford might not justifiably absent themselves from Westminster where their safety and freedome was taken from them by what right or authority could a smaller number withdraw themselves in July last upon the same pretence and if that body of Lords and Commons regularly convened by his Majesties Authority to Oxford who had first called them together at Westminster might not declare the Acts made by those who remained at Westminster void and of none effect because they might not attend there and Vote with freedome and safety by what imaginable authority could the Speaker of the House of Commons who hath no more freedome or power to make any such Declaration then every single Member of the House declare that such and such Votes passed in the House were void and null and that the omission of a circumstance or some formality in the adjournment of the Houses could not be any prejudice to the future meetings and proceedings of Parliament when it might meet and sit again as a free Parliament as he did by his own single Declaration in July last whereupon that powerfull Umpire the Army very frankly declared That all such Members of either House of Parliament as were already with the Army for the security of their persons and were forced to absent themselves from Westminster that they should hold and esteem them as persons in whom the publique trust of the Kingdome was still remaining though they could not for the present sit as a Parliament with freedome and safety at Westminster and by whose advice and counsels they desired to governe themselves in the managing those weighty affairs and to that end invited them to make their repair to the Army and said they held themselves bound to own that honourable act of the Speaker of the House of Commons who had actually withdrawn himself and they engaged to use their utmost and speedy endevour that he and those Members of either House that were then inforced any way from Westminster might with freedome and security sit there and againe discharge their trust as a free and legall Parliament and in the meane time they did declare against that late choice of a new Speaker by some Gentlemen at Westminster as contrary to all right reason law and custome and professed themselves to be most cleerly satisfied in all their judgments and were confident the Kingdome would therein concur with them that as things then stood there was no free nor legall Parliament sitting being through the foresaid violence at present suspended and that the Orders Votes or resolutions forced from the Houses on Munday the 26 of July last as also all such as should
to cancell and overthrow all the Lawes and Government of the Kingdome all which must be done before their cause or their manner of maintaining their cause can be justified and if that were not perversly blind to their owne interest they would know and discerne that such an act is as pernitious to themselves as to truth and reason their own security depending on nothing more then a provision that no others for the time to come shall do what they have done nor can they enjoy any thing but on the foundation of that Law they have endeavoured to overthrow The King hath often offered an Act of Oblivion which will cut down all Gallows and wipe out all opprobrious tearms and may make the very memory and mention of Treason and Traytors as penall as the crimes ought to have been they who desire more aske impossibilities and that which would prove their own destruction and who ever requires their cause to be justified can have no reason for doing it but because he knows it is not to be justified The end of the third Bill is to dishonour those of His own Party whom He hath thought fit to honour and to cancell those Acts of grace and favour He vouchsafed them which is against all reason and justice for if He had no power to confer those Honours there needs no Act of Parliament to declare or make them void if He had power there is no reason why they should be lesse Lords upon whom He conferred that honour the last year then those He shall create the next nor is this Proposition of the least imaginable moment to the peace of the Kingdome or security of a Treaty though it be of no lesse concernment to His Majesty then the parting with one of the brightest Flowers in His Crown The last Bill is to give the two Houses power to adjourn to what place and at what time they please which by the Act of continuance they cannot now do without the King's consent though there is no reason they should attribute more to His Person in that particular then they doe in other things to which His assent is necessary and if they do indeed believe that His Regall power is virtually in them they may as well do this Act without Him as all the rest they have done The King in His Message of the 12 of April 1643. rather intimated then propounded the Adjournment of the Parliament to any place twenty miles from London which the Houses should choose as the best expedient He could think of for His owne and their security from those tumultuous Assemblies which interrupted the freedome thereof to which though they returned no Answer to His Majesty yet in their Declaration after that Treaty at Oxford they declared the wonderfull inconvenience and unreasonablenesse of that proposition the inconveniences that would happen to such persons that should have occasion to attend the Parliament by removing it so far from the residency of the ordinary Courts of Justice and the places where the Records of the Kingdome remaine That it would give a tacite consent to that high and dangerous aspersion of awing the Members of this Parliament and it would give too much countenance to those unjust aspersions laid to the charge of the City of London whose unexampled zeale and fidelity to the true Protestant Religion and the Liberty of this Kingdome they said is never to be forgotten and that they were wel-assured that the loyalty of that City to His Majesty and their affections to the Parliament is such as doth equall if not exceed any other place or City in the Kingdome which reasons being as good now as they were then the King hath followed but their own opinion in not consenting to this Bill In a word All the world cannot reply to His Majesties owne Answer upon the delivery of these four Bils or justifie their proceeding That when His Majesty desires a Personall Treaty with them for the setling of a peace they in answer propose the very subject matter of the most essentiall part thereof to be first granted and therefore the King most prudently and magnanimously declares That neither the desire of being freed from this tedious and irksome condition of life He hath so long suffered nor the apprehension of what may befall Him shall make Him change His resolution of not consenting to any Act till the whole peace be concluded for in truth nothing is more evident then that if He passe these Bils He neither can be able to refuse any thing else they shall propose for He hath reserved no title to any power nor can have reason to do it for having resigned His choicest Regalities it would be great improvidence to differ with them upon more petty concessions and having made all honest men guilty He could not in justice deny to refer the punishment of them to those who could best proportion it to the crimes So that a Treaty could afterwards be to no other end then to finish His owne destruction with the greater pomp and solemnity whereas the end of a Treaty is and it can have no other upon debate to be satisfied That He may lawfully grant what is desired That it is for the benefit of His people that He should grant it how prejuditiall soever it may seem to Himself and that being granted Himself shall securely enjoy what is left how little soever it be and that His Kingdome shall by such His concessions be intirely possessed of peace and quiet the last of which cannot be at least His Majesty hath great reason to suspect it may not without the consent of the Scots who peremptorily protest against these Four Bils And say that it is expresly provided in the 8 Article That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdome or the Armies of either Kingdome without the mutuall advice and consent of both Kingdomes or their Committees in that behalf appointed which is neither Answered or avoided by saying that no impartiall man can read that Article of the Treaty but He must needs agree that it could be meant only whilst there was War and Armies on both sides in being and that it must of necessity end when the War is at an end for besides that war is not nor can be at an end till there be an Agreement and if it be why is there so great an Army kept up in the Kingdome by the same reason that Article was so understood as it is now urged by the Scots before their comming into the Kingdome it may be so understood after they are gone and that the Houses themselves did understand it so in the beginning of January 1643. before the Scots Army entred appears by a Declaration Mr. St. Johns made at that time in the name of the Houses and printed by Order to the City of London at Guild-hall upon the discovery of a cunning Plot as they said to
Houses and industriously published in print importing as if His Majesty were kept as a Prisoner amongst them and barbarously and uncivilly used they said they could not but declare that the same and all other suggestions of that sort were most false and scandalous and absolutely contrary not only to their declared desires but also to their principles which are most clearly for a generall right and just freedome to all men and therefore upon this occasion they say they cannot but declare particularly that they desire the same for the King and others of His Party and they further cleerly professed that they did not see how there could be any peace to this Kingdome firm or lasting without a due consideration of and provision for the rights quiet and immunity of His Majesties Royall Family and His late partakers And their Generall by his Letter of the 8 of Iuly to the Speaker which was as soon printed as sent freely acquainted them that their Army had made many Addresses to the King to desire His Majesties free concurrence with the Parliament for establishing and securing the common Rights and Liberties and setling the peace of the Kingdome And to assure Him that the publique being so provided for with such His Majesties concurrence it was fully agreeable to all their principles and should be their desires and endeavour That with and in such setling of the Publique the Rights of His Majesties Royall Family should be also provided for so as a lasting peace and agreement might be setled in this Kingdome And that as they have formerly declared for the same in generall termes so if things came to a way of setlement they should not be wanting in their sphears to own that generall desire in any particulars of naturall or civill right to His Majesties Person or Family which might not prejudice or again indanger the Publique By which gawdy professions together with the admission of such Servants and Chaplains to attend His Majesty whom He desired and which had been barbarously denied by the Houses who were by this time so sensible of their error as they desired His Majesties presence amongst them upon His own Conditions they raised themselves to that credit with the Kings party with the City of London and universally with the people that by this Stratagem onely they grew able and powerfull enough to confine Him to Carisbrooke-Castle and to proceed since as they have done And surely when the Army hath throughly weighed and considered the huge advantages they have gotten by those professions and protestations and how far they have been from making the same good to the King they will not suffer themselves to be made a stalking Horse to the vile ends of particular persons nor let their Morall Righteousnesse in which they so much triumph to grow into a Proverb for the highest and most unworthy Craft Hypocrisie and Treachery It remains now since by any endeavours of these men sever'd from the return to their duty and Allegiance it is not possible for them to establish any peace or happinesse to the Kingdome or security to themselves to perswade them that by doing at last the duty of Christians they may not only preserve their Country which no body can doubt but they may be superiour to any difficulties and hazard their guilt suggests they shall be liable to It is yet in their power so absolutely to make the Kings restoration their own work that His Majesty may be obliged even in point of gratitude to acknowledge it and to remember only by whose fidelity He hath recovered what He had lost and not by whose fault He lost it and His party who for Conscience sake have lost all know that charity is so fundamentall a duty of a Christian that there is no excuse for the least degree of animosity and revenge let the injuries they have received be never so great and the Kings owne experience of men hath sufficiently informed Him that as many of good inclinations have by inadvertency credulity been cozened into a combination against Him and it may be the worst of them grown by degrees worse then they intended to be so all who have seemed to follow a good cause are not good men but had ends as ill as they whom they opposed and therefore all mention and memory of former Errors being blotted out it may be presumed He will trust and imploy all His good Subjects according to their severall faculties and abilities without remembring how they have been at any time disposed against Him and they have reason to believe that whatsoever His Majesty shall freely consent to He will most religiously observe and cause all others to observe it Let them therefore seasonably enter into a Treaty with His Majesty attended with such of His Counsell as He shall chuse and let the fullest Articles be agreed upon which may give a mutuall assurance of security to all persons and interests to which His Majesty having given His Assent in such manner as shall be desired all His Counsell and all Ministers of Justice throughout the Kingdome may be solemnly sworn to those Articles the which being done and the same confirmed by such an Act and in that manner passed as they shall conclude may be valid Let this unhappy Parliament be dissolved an intermission of Parliament being at this time more necessary for the vindication of the justice and Lawes of the Kingdome and restoring a happy peace then ever a convention of Parliament was for the reformation and removing of grievances To conclude unreasonable and unjust Propositions may continue the War and the distractions never make a peace which is nothing but the liberty to injoy what in justice and right is our due and as long as the world lasts that Answer of the Ambassadour from Privernum to the Senate of Rome will be found to be reason who when he was asked what peace the Romans might depend upon with them because they had been guilty of some defection answered Si bonam dederitis fidam perpetuam si malam haud diuturnam which that wise Senate confessed to be an honest Answer and that it was madnesse to believe any people or private person in eâ conditione cujus eum poeniteat diutiùs quà m necesse sit mansurum Let us then like English men make up the breach our selves have made and let not our Country and Posterity owe their redemption to any forain power but let us prostrate our selves at the feet of our abused Soveraigne with that hearty acknowledgment and testimony which the King of Tyre sent to Solomon Because the Lord hath loved his people he hath made thee King over them To a profane dissolute and licentious people he hath given the most pious and temperate King to recover reform them by his example and to a wicked and rebellious people the most gentle and mercifull King to preserve them by his goodnesse But if they sin wilfully after that they
offices of friendship It may be worth the labour briefly to set down the truth of that matter and the proceedings thereupon About the time of His Majesties Marriage with the Queen the French King had many designes upon Italy and a particular difference and contest with the States of Genoa and upon conclusion of that Treaty and renewing the antient League and amity confirmed strengthned by this Marriage His Majesty was content to lend the Vantguard and to give licence that six or seven Merchant Ships might be hired if the Owners were willing to serve the French King in the Mediterranean Sea and upon a precise promise that they should not be imployed against those of the Religion in France Accordingly the Vantguard and no other Vessell of the Navy Royall was delivered and the Merchants Ships likewise hired by the French Agents with the full consent of the Owners One of which or one by their nomination Commanded each Ship and carried the same into France and there themselves delivered the Ships into the possession of the French After these Ships were thus engaged in the French service and joyned to their Fleet in which were 20 Ships of Warre likewise borrowed of the Hollanders commanded by Hauthaine the Admirall and Dorpe his Vice-Admirall who it is very probable nor their Masters were privy or consenting to that enterprize and with which they were much superiour to those of the Religion though the English Ships had been away they fell upon the Rochel Fleet and took and destroyed many of them The King was no sooner informed of this then he highly resented it by His Ambassadour and the French King excused it upon those of the Religion who He Alleaged had without cause broken the peace the Duke of Subese having when all was quiet seized all the French Ships at Blauet which very Ships made the best part of the Fleet he had now incountred and broken And that the King of England ought to be sensible of the injury the peace thus broken having been made and consented to by the French King upon His Majesties earnest mediation and interposition Notwithstanding which His Majesty justly incensed that His Ships should be imployed contrary to His pleasure and the promise made to Him immediatly required the restitution of His and all the English Ships the which was no sooner made then to publish to the world how much He was displeased with that Action He entred into Hostility with France the chief ground of that quarrell being that the English Ships had been imployed against those of the Religion contrary to the expresse promise made that they should not be used against them as appears as well by the Manifest of the Duke of Buckingham dated 21 July and printed since this Parliament as by the Records of State of that time Let the world now judge with what colour the losse of Rochel which as is said before hapned not till neer or full two years after the return of the English Ships can be imputed to the King 5. The fifth Article is the designe of the Germane-Horse Loanes Privy Seales Coat and Conduct mony Ship-mony and the many Monopolies all which are particularly mentioned in the first Remonstrance of the House of Commons of the 15 of December 1642. as the effects of evill Counsellours and with a Protestation in that Petition which accompanied it to His Majesty that it was without the least intention to lay a blemish upon His Majesties Royall Person but only to represent how His Royall Authority and trust had been abused And finding that the vile language and aspersions which they cast upon the King were generally censured and ill spoken of The Lords and Commons afterwards in their Declaration of the 19 of May tell the people that if they should say that all the ill things done of late in His Majesties name have been done by Himself they should neither follow the direction of the Law nor the affection of their owne hearts which they say is as much as may be to clear His Majesty of all imputation of misgovernment and to lay the fault upon His Ministers and then finding fault with those who make His Majesty the Authour of evill Counsels they use these words We His Majesties loyall and dutifull Subjects can use no other Stile according to that Maxime of the Law The King can doe no wrong but if any ill be committed in matter of State the Councell if in matters of Iustice the Judges must answer for it So that if they would guide themselves either by the good old or their own new laws from which in truth they swerve no lesse then from the other they have themselves answered and declared against this Article but since that is not currant examine the particulars The time when this designe is supposed to have been was when His Majesty had a War with the two greatest Kings of Christendome France and Spaine and therefore if He had purposed to have drawn auxiliary Forces into His Service it had been no wonder nor more then all Princes use yet in truth there was never any designe to bring in Germane Horse only in those unquiet times when the Kingdom was so much threatned from abroad amongst other expedients for strength and defence such a proposition was made or rather some discourse upon it which the King rejected and did never consent that it should be put in practice and therefore it may seem strange that this designe should be now objected against His Majesty who alone refused and hindred it and that Balfore and Dalbiere who were the principall if not the only Projectors of it should be in such high reputation and esteem with the Declarers The Loanes Privy Seales and other courses of raising Money were upon extraordinary and immergent occasions and of the same nature that have been in all times practiced upon reason and necessity of State And Monopolies are weeds that have alwaies grown in the fat soile which long peace and plenty makes and of that kind they may find a larger Catalogue in their Journall book of the 43 year of Queen Elizabeth a time that no sober man complaines of then in any time since and which was not then nor reasonably can be imputed to the Crowne since new inventions have justly so great encouragements and priviledges by the Law that if those Ministers through whose hands such grants are to passe are not very vigilant it is not possible but upon specious pretences many things unwarrantable of that nature will have the countenance of the Kings hand yet those particulars were no sooner complained of to His Ma ty then He willingly applied the remedies w ch were proposed before these troubles began passed such excellent laws for the prevention of the like inconveniences for the future that a better security cannot be provided So that men must think this Rebellion to have been raised on the behalf of not against those exorbitances which
without it could never probably have been again exercised in this Kingdome And here the people cannot enough observe and wonder that these grievances should in this manner be objected against the King who removed and abolished them in a time when and by those who have renued and improved the same and introduced new vexations upon His Subjects in an illimited manner and intolerable proportion That They should complain of a designe of bringing in German Horse to enslave us which if any such designs were by the goodnesse of the King was frustrated and rejected who have actually brought in an Army of all Rations upon us and have no pretence of continuing it but that they may subdue us dissolve the Government of the Kingdome and make us Slaves to their own passions and appetite That They should remember the King of inforced Loanes Privy Seales Coat and Conduct mony who since the same have been abrogated by Him have by their Ordinance compelled men to lend the Fifth and the Twentieth part of their Estates for the maintenance of their Armies that fifth and twentieth part to be rated according to such proportion as certain persons named by them shall assesse and if any person shall refuse to pay the mony so assessed upon him then Collectors shall leavy it by distresse and for want of distresse he shall be committed to prison with such circumstances of severity and uncharitablenesse as were never exercised by any Royall Command That They should complaine of the ingrossing of Gunpowder in which His Majesty did nothing but what by His legall Prerogative He might do who by their Ordinance of the 3 of April 1644. for the making of Salt-peter and by the other of the 7 of Febr. 1645. for making Gun-powder have established all those clauses in His Majesties Commission of which there was any colour of complaint to Projectors of their owne with so much worse circumstances as the jurisdiction their Committees exercise to whom appeales are to be made is more grievous chargeable and insupportable then that was of the Councell Table That They should mention the Patent of Wine which was to pay forty Shillings upon the Tun to His Majesty when by the Ordinance of the 22 of July 1643. they have laid an imposition upon it of six pounds over and above all Customes and by the Ordinance of the 9 of October following have authorized the Vintners to sell it at as great and some at greater prices then was ever tolerated during the time of His Majesties imposition Lastly to omit the other particulars of Salt Allum Tobacco and the rest upon every one of which they have by their particular Ordinances laid much heavier taxes then was thought of in those times that they should reproach the King with the Ship mony which by their own computation came not to above 200000l by the year as the compendium of all oppression and slavery for which His Majesty had a judgment in a Court of Law before all the Judges of England and which was alwaies leavied by the due formes of Law and which His Majesty when He was informed of the injustice of it frankly quitted and did His best to pull it up by the roots that no branch of it may hereafter grow up to the disquiet of His people when themselves have almost ever since by that one Ordinance of the 1 of March 1642. imposed a Weekly tax upon the Kingdome of three and thirty thousand five hundred and eighteen pounds which in the year amounts to no lesse then one million seven hundred forty two thousand nine hundred and odde pounds to which they have since added by their Ordinance of the 18 of October 1644. for the relief of the Brittish Army in Ireland a Weekly tax upon the Kingdome of three thousand eight hundred pounds w ch in the year comes to one hundred ninety seven thousand six hundred odde pounds as much as ever Ship mony arose to over and above Free-quarter and all their other Orders for Sequestration and twentieth part and the cruell circumstances in the executing those and all other Ordinances against the irregular doing whereof they will allow no Appeale to the Judges though of their own making but reserve the intire Connusance and direction to themselves It is pity that parenthesis of the Spanish Fleet with a great Army therein brought into the Downes 1639. of which out of their goodnesse they say they will say nothing should receive no Answer That having been often unskilfully spoken of as it is now insinuated as a designe against England whereas they who know any thing know that Fleet was bound from Spaine to Flanders with mony to pay their Army and new leavied Souldiers to recruit it of which there was the greater number because it was purposed to carry many old Soldiers from thence to Catalonia but all those Souldiers in the Fleet were without Armes and without Officers and the Fleet so far from being provided for an invasion that in a little Fight with the Hollanders before the winde brought them into the Downes they had so near spent their Powder that they had a supply for their mony from London which the King could not in honour and justice deny the Hollanders themselves offering them what Powder they wanted for ready mony 6. Next follows the torture our bodies heretofore suffered by whipping cutting off Eares Pillories and the like with close imprisonment aggravated with the Dominion exercised over our Soules by Oathes Excommunications new Canons c. by which they would have it concluded that His Majesties Government was full of cruelty and oppression It is an undeniable evidence of the excellent Government Sobriety and obedience of that time that there were not above six infamous persons from the beginning of His Majesties Reigne to the first day of this unhappy Parliament who were publickly taken notice of to have merited those corporall punishments and shame and of the mercy of that time that those suffered no greater there being not one of them who was not guilty of sedition to that degree that by the Law they were liable to heavier judgments then they underwent And for the Oathes Excommunications Ceremonies and Canons they were no other and no otherwise exercised then was agreeable to the Laws and the Government established Of and for which the Sects Schismes and Heresies the dissolutenesse profanenesse and impiety which have followed that since blessed Order hath bin discountenanced and suppressed hath made a fuller and more sensible Vindication then any discourse can doe And here the people will again take notice that these Judgments and proceedings which alwaies passed in due form of Law in Courts of Justice and in which no innocent man can pretend to have suffered are objected against the King by those who without any colour of jurisdiction but what themselves have assumed and usurped in stead of inflicting any ordinary punishment take away the lives of their fellow
mention was made of bringing up the Army to London and making sure the Tower and as soon rejected as proposed and onely proposed as their evidence saies to shew the vanity and danger of other Propositions And that when the King was made acquainted with it He said those waies were vain and foolish and that they should think of them no more That the Petition it self which His Majesty approved was not above the size of Petitions and very much modester then any one Petition received by the Authors of this Declaration with approbation appears by the Petition it self to be read in the 563 pag. of the 1 vol. of the Collect. of Ord. published by themselves which being directed to the two Houses as well as to the King took notice of the seditious Tumults which they said had beset the Parliament and White-Hall it self not onely to the prejudice of that freedome which is necessary to great Councells and Judicatories but possibly to some personall danger of His sacred Majesty and Peers and therefore desired that the Ring-leaders of those Tumults might be punished and that His Majesty and the Parliament might be secured from such insolencies hereafter for the suppressing of which they offered themselves to wait on them if they pleased which hath not been since thought so unnaturall a security an Army being since called up and kept about them upon the same pretences to the same purpose of which more must be said anon And for the strangeness suggested that three Gentlemen should flee beyond Sea upon discovery of a modest Petition it is no wonder when men were every day imprisoned ruined and destroyed upon the most triviall discoveries and unreasonable conjectures and apprehensions that men desired to avoid their Judgment who had it in their power to put what interpretation they pleased upon any discovery and to inflict what punishment they thought fit upon such interpretation or that the King contributed His allowance to remove His Servants from such a Tribunall It is a wonderfull presumption these men have upon the credulity of the people that they will not examine the truth of any thing they alleage how easie soever it is to disprove them otherwise they would not affirme that at the meeting of Officers at Burrough-Bridge Propositions were made and private instructions brought from the King whereas it appears by their own evidence that Capt. Chudleigh who is supposed to have brought those Propositions thither and what they were appears not did not receive those Propositions from the King and that when he kissed the Kings hand His Majesty spake not a word to him of those Propositions which without doubt He would have done if He had been privy to or expected any thing from His agitation it being not alleaged that there was any other Officer of the Army at that time so immediatly imployed or trusted in that Agitation And as there hath not been the least colourable evidence in any of the Depositions then or since published which can reflect upon the King And as there is much in Master Goring's second Examination and other Depositions suppressed by them which if produced would manifest that there was never any such designe as is suggested and that to the very Communication concerning it the King was not any way privy and dis-liked it when he heard of it So it was observed then and not a little wondred at that Capt. Chudleigh who was the principall person imployed and who confesses in his Examination of the 10 of May that he used all his power to incense the Army against the Parliament and to kindle a zeale in them towards the King was so far from being in disfavour with them that he was immediately imployed by them into Ireland and afterwards re-called thence and trusted in the second if not the first Command in the West against the King which they would not have done if he had been in that manner first engaged by His Majesty For the discourse of the Prince his meeting the Army with the Earle of Newcastle and a body of Horse it is proved to be by a private Major in the Army who had not only any relation to the King but at that time had never spoken word with His Majesty in his life and had no more ground then the other of the designe for some French to seize on Portsmouth which is so ridiculous that it needs no other Answer then repeating it 14. The Offers made to the Scots of the plunder of London if they would advance or of four Northerne Counties with three hundred thousand pounds or Iewels of great value but to stand Newters in that designe is another impossible branch of this Charge for which there appears not the least pretence of proof in any thing published by them and they have not been tender of publishing all they know or imagined but that Master Oneale asked Sir Jacob Ashly what if the Scots could be made Newtrall It is not imaginable that the King knew not the temper of that time which he so grievously felt well enough to conclude that the Parliament and the Scots were too fast combined to be sever'd for any interest of his and the offer of four Northern Counties a thing so confessedly out of the King's power to give is so senslesse a calumny that no man out of the highest fit of madnesse can believe it and they to whom this Offer is supposed to be made would in all this time have accused the King of it if they had been able to justifie any thing like it However it is to be observed that though these men hold these imaginable overtures and designes to be very hainous crimes in the King they reckon the reducing such designes into reall and compleat execution no Offences in themselves and that though the King may not wish His Subjects of Scotland to stand newters in the differences between His Majesty and His English people yet it is no fault in them to engage that Nation to assist them in Armes against the Soveraigne of both Kingdomes and though a cursory discourse by other men of bringing up the Army to awe the Parliament be alleaged as a breach of trust against the King never to be forgotten yet the actuall bringing up an Army upon them and thereby awing it so far as the driving away many Members and making those who remained do any thing that Army directs is no offence in them either against the freedome or priviledge of Parliament To that clause His Majesty not being perswaded by their Petitions to defer His journey into Scotland in the year 1641. there needs no Answer then the remembring His Majesties owne words in His Declaration of the 12. of August which are these We gave them warning that if there were any more good Bills which they desired might passe for the benefit of Our Subjects We wished they might be made ready against such a time when We resolved according