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A81469 The royall apologie: or, An ansvver to the declaration of the House of Commons, the 11. of February, 1647. In which they expresse the reasons for their resolutions for making no more addresses, nor receiving any from His Majesty. Digby, Kenelm, Sir, 1603-1665.; Clarendon, Edward Hyde, Earl of, 1609-1674, attributed name. 1648 (1648) Wing D1447; Thomason E522_21; ESTC R206215 46,522 48

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could when hee pleased have dissolved them But if they have committed Treason or Felony and that that which their Oracle Sir Edw. Cooke Mr. Solicitor and that reverend old Eleazar Judge Jenkins doe say be true That Treason and Felony do supersede all priviledges of Parliament And although a Corporation cannot commit Treason yet every person of the Corporation may and if one then ten if ten then a hundred and so all And if that House have had the ill lucke to commit Treason or Felony although the King by reason of His restraint should not dissolve it yet it may become Felo de se and may destroy it selfe And it is much doubted whether the King can raise them from the dead Then they come to their standing amazed at the Kings solemn Protestation of having never any thought of bringing up the Northern Army or levying of forces to wage war against his Parliament or to invade the rights of his Subjects or bringing in of forreign forces They should have done well to have set downe the date of the said Declaration as likewise the particulars wherein He hath satisfyed His said Protestations and not to have kept themselves still upon the fraud of generalls nor confounded the times before they had entred into Armes with the times after the King had proclaimed them Traitors and Rebells times and circumstances do often justly alter Councells and make those Actions necessary and good which without them might have appearance of blame But if the particulars shall be set down with the times and circumstances the falshood as well as the malice will appeare of their so often reiterated reproaching their King with breach of Oaths and protestations They doe farther then charge the King that He endeavoured to get out Cannon Powder and Shot out of his own stores and they have a letter to that effect to Sir Iohn Heyden They say likewise that Hee did attempt to have forced Hull in an hustile manner Two such faults in the King as doe marvailously justify their resolutions and usages of him which they set down to be the Scope of this Declaration In the one the King would have imbezel'd His own proper goods and in the other He would have come into his own Town had not the Traitor Hotham kept him out for which they have given him such a reward as others may justly expect if their repentance and the Kings goodnesse doe not prevent it It was not long they say before the King proclaimed them Traitors and Rebels and set up his Standard against the Parliament which never King of England did before Himselfe Herein they are mistaken for the King did not set up his Standard against His Parliament His Parliament was never named at the setting up of His Standard but it was set up against those whom Hee had first proclaimed Traitors and Rebels which hath bin often done by the Kings of England And so did His Majesty now against an Army marching toward Him to surprise His Person and that within few dayes after gave Him a battell and did their best to have slain Him under the command of the Earle of Essex with whom they had all sworne and protested to live and dye But that which they say that never any King before set up His Standard against his Parliament it is true for no King ever needed a Standard against His Parliament for that at their pleasures they could dissolve it with a breath and so might his Majesty have done now had not His goodnesse and unprovident desire of gratifying them restrained Him by assenting unto that Act for the continuance of this present Parliament which they themselves protested in one of their Declarations they would never make use of to the Kings disservice but only to the ends for which it was granted viz. to be a security for the raysing and paying of moneys which how they have performed let the world judge it is then said the King called a mock-Parliament at Oxford It is true that the King having declared the Members sitting at Westminster to be Traitors and Rebels and Treason as themselves have often acknowledged discharging all Priviledges Qualifications Capacitie or abilities to act as a Parliament the King was enforced to call to His Councell and Assistance His loyall Members of both Houses that had bin wrongfully or by force and tumults driven from the Houses at Westminster and to require of them in His so great distresse their helpe and advice but it is conceived that they will not be able to shew that the King ever stiled it his Parliament but an Assembly of the Members of the Lords and Commons convened at Oxford And for that which they instance of private letter intended only for the sight of the Queene His Wife they will faile of the end for which they produce it which is to withdraw the affections of His faithfull Servants which they call His own Party from Him by telling them that they may perceive what reward they may expect when they have done their utmost and ship wrack't their faith and consciences to His will and tyranny But his party as they terme it which are His faithfull and loyall Subjects as they have already most of them lost their Estates and Fortunes for their Conscience and Loyalty to Him so they will sacrifice their lives willingly for His service and restitution And as for that by-name of a mock-Parliament which they give unto that Assembly They may remember that there was double the number of Peers more then remained at Westminster and for the Members of the House of Commons they much exceeded in their Estates and Fortunes all those that were left behind them They may likewise remember that they have not wanted their by-names in print as the Jugles Hocas-pocuses at Westminster and by some who have ever adhered to them have been stiled a Linsey-wolsoy-Parliament and their own Army in their Declaration have called them a Parliament swayed by a factious prevolent party that governed by an arbitrary tyrannicall Power These things I must confesse are set down by me that have been a Member of the House of Commons with great grief remembring the respect and reverence which in former times was born unto that House and now changed into so great Scorn and Derision as weekly comes forth in print They then adde His often breach of trust with the Protestants of France Scotland Ireland and England with all other His unjust oppressions and His often endevours to enslave them by German Spanish Lorraign Irish and Danish and other forrein forces Those other forces must certainly be of Turks Swedes or Polands for they have particularly recited almost all other Nations when now in all this their Declaration except such from Ireland who were His own Subjects and who were bound in duty to come to the succour of their King being invaded by a forreign Nation called in by them to conquer Him they have not been able to instance in so
was indicted arraigned attainted and executed at Tyburn And let their present lording over mens souls be considered their sending so many learned and pious men a begging by depriving them of their livings imprisoning their persons their lording over their consciences by new illegall and trayterous Oaths by forcing of the Covenant to the ruine of many hundreds who otherwise were without exception both Ministers and Lay-men being consciencious men men of parts and great learning as is set downe in the preceding words of the Answer to the Scotch Declaration of the 4. of Jan. 1648. But nothing can by them be done amisse that Axiome of the Law le Roy ne fait tort is now with the Crown and Soveraignty which they have usurped applicable onely to them But all the Kings actions though never so legall just and gratious must by them have the appellations of tyranny cruelty and oppression They then say that they were worse then slaves for they were prohibited by Proclamation to speake or hope for another Parliament They should have done well to have specified the year and date of the said Proclamation and to have set down the very words contained therin for it is so unlikely a thing that the people should be forbidden by Proclamation to hops that no rationall man can choose but suspect it to be that which civility is loath to tearme it how foule soever their pen be against their King As for the searching of cabinents closets c. It is set down to be after the dissolution of the Parliament so that that sin against the Holy Ghost never to be forgiven of breaking the Priviledges of Parliament is not charged and any other sinne will not be found for it is lawfull and usuall for the Justice or Councell of the King to search the closets and cabinets of such as they have good cause to suspect of practises and correspondency to the prejudice of the King or Kingdome neither have the Kings or Queens letters or cabinets nor the dispatches of Ambassadours and forraign States been free from their inquisition and search nay some such searches have been made by them for Letters and Jewels upon women not of the meanest ranke as is indecent to put them in mind of They then reckon up a long list of Monopolies and Patents of Soap Pins Leather Sugar c. Whether the said Patents were legall or illegall there can from thence no just fault be laid upon the King He is in point of Law to be advised by His Atturney and His learned Councell And there cannot in all the particulars specified any one be instanced in which He did of Himselfe without the Certificate of the Referrees of the legallity of such Grants wherein never Prince was so punctuall as He hath been and it is conceived that it may be with truth averred that in His whole Reign He hath not passed by Patent any one Monopoly without reference and certificate in writing that it might be granted by Law But besides upon complaint this Parliament all grievances have been redressed all doubtfull Patents cancell'd care had for the preventing of the like for the future all referrees and patentees left to justice and all punished but such as the injustice of the Houses have protected Then they come to that which they call the compendium of all oppression and cruelty viz. The Ship-money When Princes are involved in great wants and necessities they are forced to those things which at other times they willingly forbear to presse So it was here The King by His Wars with Spain and France was brought into great necessitys and consulting how He might by lawfull wayes releive Himselfe He was advised to this course of Ship-money by His Atturney Generall Noy as is said who was by all men esteemed a great Lawyer and had been a great propugner of the Subjects liberty The King herein asked the opinion of His Judges and learned Councell And both the Judges the major part of them His Councell did set it under their hands to be lawfull these are the Kings proper councel with whom he is to consult in point of Law are sworn to advise Him faithfully But some and particularly Mr. John Hamden not satisfied with the extrajudiciall opinion of the Judges came to a legall tryall upon the Case in the Exchequer Chamber after a fair hearing and learned arguments on both sides Judgement passed for the King If the said Judges and learned Councel who are sworn to do equall justice betwixt the King and the Subjects to Councell the King faithfully have erred and done amisse in both the greater hath been their fault and offence But herein where lieth the Kings transgression For did he not leave the Judges upon complaint of the Houses to their Justice and were not the said Judges many of them impeached of high Treason Judge Berkley arraigned thereupon for high Treason and made so learned and able a defence that they were forced to withdraw any further prosecution of their impeachment against him It seems they forget that which they declared for Law at the beginning of this Parliament viz. that the King can do no wrong Le Roy ne fait tort upon the very ground of this Case And that the reason why the Law supposed that the King could doe no wrong was for that the Judges and Ministers that did the wrong were responsable for the wrong doing and the persons wronged were from them to be repaired in point of their dammages But it seemeth they are of old Ployden's minde that when the businesse concerneth themselves the Case is altered They then say The King summoned this present Parliament in hope to have Assistance against the Scots He had little reason to hope for any assistance against the Scots knowing as he did who had called them in and that from some Scots themselves from Newcastle whilst he was at Yorke He had gotten notice of the particulars wherewith divers Lords of the English with the King being startled they sent to the Scotish Lords at Newcastle to have right done them upon a Secretary of theirs who had said to some English prisoners whom the Scots had taken at Newborn That their comming in had not beene but by the invitation of the English and had spoken a little too boldly of some truths that should have beene concealed and this divers at Westminster cannot but remember They then say that it was impossible to quash those pernitious Councels without questioning the Authors Whereupon the King shewed Himselfe so passionately affected to such malignant Councellers their Councel that he would sooner desert or forcc his Parliament and Kingdom then alter His course or deliver up his wicked Councellors to Law and Justice Our passions especially that of revenge and malice do not only deprive us of our senses and reason but often bereave us of shame and honesty For besides that they know that the King hath more then thrice in