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

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THE CHARGE Against The King discharged OR The King cleared by the people of England from the severall Accusations in the Charge delivered in against him at Westminster-Hall Saturday last Jan. 20. by that high Court of Justice erected by the army-Army-Parliament which is here fully answered in every particular thereof VIZ. The Parliaments Propositions to the King The Kings to the Parliament The Kings Condescentions to the Parliaments Propositions The Overture of a Treaty at Windsor The Massacre in London by vertue of the Kings Commission The Coronation Oath The private Articles Match with Spaine and the Match of France King James death Rochel The German Horse Loanes and Conduct Money Privy Seales Monopolies Torturing our bodies and slitting noses The long Intermission of Parliaments The new Liturgie sent to Scotland calling and dissolving the short Parliament The summoning this present Parliament The Queens pious Design Commissions to Popish Agents The bringing up the Northern Army The Kings offer to the Scots of the Plunder of the City The Kings journey into Scotland The businesse of Ireland solely cleered The cloathes seized by his Majesties Souldiers The Kings Letter to the Pope The Kings charging the Members with his coming to the House The List of Armes and Ammunition taken in his Papers Cockerains Negotiation to the King of Denmark The Queenes going to Holland with the Jewells of the Crowne The Kings solemne Protestation The King proclaiming the Parliament Traytors The King setting up his Standard The calling the Parliament at Oxford The Cessation in Ireland The Peace made there The Kings Protestation against Popery The Letters to Marquesse Ormond Printed in the first Yeere of Englands Thraledome THE CHARGE AGAINST The King discharged WE unto whom for our Number Capacities and Interests the received and knowne Lawes and Constitutions of this Kingdome more justly convey the Rights of a Representative body of the Kingdome and people of England then unto any power whatsoever now through the wrath of God reigning do hereby freely and from our consciences declare before God and his holy Angells unto the whole world That we are so far from bringing his sacred Majesty unto a Tryall for any other or the Accusations in the Charge given in upon Saturday last against him that we stand fully assured admitting all and every of them true that by the cleare and revealed Will of God in his Word and the Lawes of this Realme he remaines lyable unto that supreme Judicature of Almighty God onely who hath passed an irreversible Act of Humane Indempnity unto him and his lawfull Successors And further whereby the whole world may take notice of the sence that we have of the impious insolence and unparaleld injustice of the present proceedings of the elected high Court of Justice against his Majesty We do from the whole evidence of our Consciences so berly informed hereby fully and absolutely acquit his sacred Majesty from all and every of the Crimes charged against him which as upon diligent enquiry it hath furnished us with matter abundantly to justifie his Majesties Innocence and satisfie our selves so we offer it on his behalfe for full satisfaction unto the world not knowing otherwise how to acquit our selves from the great guilt of the Approbation of the growing impieties of these times The certainty and sufficiency of which satisfaction as what onely is here proposed we will without recriminating unto the party now in power acting against his Majesty perspicuously and clearly demonstrate from the whole processe of matters betwixt his Majesty and the Parliament and the severall Overtures betwixt them since the commencement of these unhappy differences The Parliaments Propositions to the King 1 THat the two Houses shall nominate the Lords of the Privy Counsell and all the great Officers and Ministers of State and the Judges of the Land 2. That the Government of the Church by Archbishops Bishops c. be abolished and the Government to be set up shall be such as the two Houses of Parliament shall agree upon 3. That the Militia both by Sea and Land shall be disposed and executed by the two Houses of Parliament 4. That the custody and Command of the Forts and Castles shall be committed to such as shall be approved by the two Houses of Parliament 5. That all Peeres lately made or to be made hereafter shall not sit or Vote in Parliament but by the consent of the two Houses of Parliament These Propositions we find amongst the 19. which you tendred to his Majesty June 2. 1642. and we have premised them and placed them all by themselves that the world may see the true ground of the Quarrell wherein so much Blood hath been shed the Blood of Fathers Brothers and Children c. and that the world may judge who is guilty of all the Bloodshed Your Propositions concerning Papists we have omitted because his Majesty consented to them The Propositions which follow were added upon the Conjunction with the Scots and upon occasion of the Warres in England and Ireland and were treated upon at Uxbridge and tendred to his Majesty at Newcastle Hampton Court and the Isle of Wight 6. That all the Kings Declarations Proclamations c. against the proceedings of the two Houses be made null 7. That the King and all the Subjects of the three Kingdomes do take the Covenant 8. That there be a Reformation of and a unity and uniformity in Religion according to the Covenant in the Kingdomes of England and Scotland 9. That the Court of Wards and all Wardships be taken away 10. That the Treaties between the two Kingdomes be confirmed by act of Parliament 11. That the joynt Declaration of both Kingdomes of Jan 30. 1643. concerning those that adhere to the King in this War be confirmed by Act of Parliament 12. That an Act bee passed for paying the publique debts of the Kingdome 13. That the Cessation in Ireland be made void and that the Prosecution of the war be setled in the two Houses of Parliament 14. That Religion be reformed in Ireland according to the Covenant and as the two Houses of Parliament shall think fit 15. That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the severall Provinces there and the Secretaries of State Mr. of the Rolles Judges of both Benches Barrons of the Exchequer the Vice-Treasurer and Treasurers of Warres of that Kingdome be nominated by both Houses of Parliament of England 16. That the Militia of London shall be governed by the two Houses of Parliament That the Tower of London be in the Government of the City and the chiefe Governour to be nominated and removeable by the Common Counsell 17. That all that hath passed under the great Seale of England in the custody of the Parliament-Commissioners be valid And that whatsoever hath passed the Kings great Seale since the 22. of May 1642. be made void As likewise whatsoever grants of Offices Lands tenements and heriditaments have passed the great
Seale of Ireland since the cessation 15. Sept. 1643. And whatsoever Honors have been conferd by that Seal since that time And now let the world judge also whether it be fit for Subjects to offer such Propositions to their Soveraign whereby you take away from the King and from the Crowne t he chiefe Power and Government of the two Kingdomes of England and Ireland and would settle it in the two Houses of Parliament And we appeale to your own Consciences whether ever any Protestant Parliament made the like assaults upon the King And whether ever any Popish Parliament attempted the like against the Crown Also let the world judge whether the King did not offer Propositions fit for you to receive at the Treaties both of Oxford and Uxbridge The Kings Propositions Exact Col. p. 912. 1. THat his Majesties own Revenue Magazine Townes Forts and Ships which have bin taken or kept from him by force be forthwith restored unto him 2. That whatsoever hath bin done or published contrary to the Lawes of the Land or derogatory to his Majesties Legall and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out for the future 3. That whatsoever illegall Power hath been claimed or exercised by or over his Subjects as imprisoning their persons without Law stopping their Habeas Corpusses and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any persons appointed by any of them be disclaimed and all such persons so committed forthwith descharged 4. That as his Majesty will readily consent having done so heretofore to the execution of all Lawes already made and to any good Acts to be made for the suppressing of Popery and for the firme setling the Protestant Religion now established by Law so he desires that a good Bill may be framed for the better preserving the Book of Common Prayer from the scorn and violence of Brownists Anabaptists and other Sectaries with such clauses for the ease of tender Consciences as his Majesty hath formerly offered 5. That all such Persons as upon the Treaty shall be excepted out of the generall Pardon shall be tryed per Pares according to the usuall course and known Lawes of the Land and that it be left to that either to acquit or condemn them And now we appeale to your own Consciences whether it were not fit for you to have received and acquiesced in these his Majesties Propositions for conserving the rights of the Crown the Law of the Land the Liberty of the Subject the establisht Religion and the Fundamentall Justice of the Kingdome who when you published your Propositions for bringing in Money and Plate June 10. 1642. declared Exac Col. 342. that whatsoever is brought in shall not at all be employed upon any other occasion then to maintain the Protestant Religion the Kings Authority and his Person in his Royall dignity the free course of Justice the Lawes of the Land the Peace of the Kingdome and Priviledges of Parliament But if his Majesties Propositions were not yet his Condescentions to your Propositions tendred and published before this your Declaration were doubtlesse not unfit for you to accept The Kings Condescentions to the Parliaments Propositions 1. Concerning the great Officers of State c. See the Book called the Kings most gracious Messages for peace p. 86. That their Patents and Commissions being taken from his Majesty they should be nominated by the two Honses of Parliament during his Majesties Reigne and afterwards to return to the Crown 2. Touching the Church Government See the Book called the Kings most gracious Messages for peace p. 85. That the Presbyteriall Government be legally permitted to stand for 3. yeares provided his Majesty or any others who cannot in Conscience submit thereunto may have free practise of their own Profession And a free debate be had with the Divines at Westminster 20. of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the two Houses how Church-Government after the same time shall be setled as is most agreeable to the Word of God 3. Touching the Militia p. 86. That the whole power of the Militia both by Sea and Land shall be ordered by the two Houses of Parliament during his Majesties Reigne yet so as all Commissions and other Acts concerning the Militia be made and acted as formerly and after his Majesties Reign all the Power of the Militia shall return entirely to the Crown as it was in the times of Q. Elizabeth and King James of happy memory 4. Touching his Majesties Proclamations and Declarations against the two Houses and their Proceedings p. 88. That he will consent to an Act of Parliament for making them null And he further proposeth as the best expedient to take away all seeds of future differences that there be an Act of Oblivion to extend to all his Subjects 5. Touching the taking of the Covenant p. 66. That though his Majesty be not therein satisfied yet he will make clearly appeare both his Zeale to the Protestant Profession and the union of these two Kingdomes which he conceives to be the main drift of the Covenant 6. Touching the Treaties between the two Kingdomes p. 68. That he would agree to all things that are propounded touching the confirming of the Peace of the two Kingdomes 7. Touching the Payments of the Publique debts p. 87. That he would consent to such Acts as the two Houses shall agree upon 8. Touching the Court of Wards p. 87. That his Majesty would consent to an Act for taking it away so as a full recompence be setled upon his Majesty and his Successors for ever hereafter 9. Touching Ireland p. 88. that the Cessation there is long since determined And for the future that his Majesty would give you full satisfaction concerning that Kingdome 10. Touching the City of London p. 69. That his Majesty consented to all the Propositsons concerning it 11. Touching the Acts passed under the great Seales p. 88. his Majesty promised after perusall of particulars to give you satisfaction to what may reasonably be desired by you And now indeed hath his Majesty offred such Tenders to you as were not fit for him to make nor for you to receive but in order to an Accommodation and peace And we cannot but be sensible of his Majesties grace and goodnesse to us who was pleased to condescend even to the dethroning of himselfe for our Peace and quiet and we cannot enough blame you who would not accommodate upon these Condescentions but rather renew the War again And being as you were pre-ingaged against Monarchy you could not deem any thing fit for you to offer or accept that came short of your design And to it have you sacrificed our Peace also You go on with the same confidence and declare
In the next place you charge his Majesty with a continued track of breach of trust ever since he wore the Crowne To this we demur doubting whether you are competent Judges of the Kings trust of his breach of trust and of the King himselfe for breaking his trust for that is the drift and scope of your Declaration We believe that the Kings power is Fiduciary and that the Kingly Office is a great trust but that he is intrusted as he is impowered by God and only by God And this Doctrine we learned long since from the two Prayers for the King immediately following the Commandements in the Book of Common-Prayer but it should seem you have damned them both together And whether there hath been a continued breach of trust by the King we shall see upon the examination of the particulars in your Declaration in the meane time we account this as one of your uncertainties Of his Majesties two Maximes or Principles wherein he hath laid a fit foundation for all Tyranny we shall speak more hereafter Concerning the private Articles agreed in order to the Match with Spaine and those other private Articles upon the French Marriage We find that they were transacted by K. James and therefore are not to be imputed to K. Charles so we accompt them amongst the insufficiencies of your Declaration and because they are private we cannot judge of the nature of them and so refer them amongst your uncertainties Concerning the death of King James We find that the Kings sicknesse was an Ague that the plasters applied to his breast and wrists were only of London Treacle and Mithridate and that the drink or potion you speake of was only Posset-drinke wherein Harts-horne was boiled and which was sweetned with the syrop of Gilleflowers That M. Rinnington Physitian of Donmow in Essex yet living prescribed these Medicines first to the E. of Warwicke being sicke of an Ague and that the Duke of Buckingham afterward falling ill of an Ague at the E. of Warwicks in Essex his Lordship advised the Duke to make use of them Lastly that both these Lords found a good effect wrought in them by that Physick and thereupon the Duke proposed it to His Majestie nor do we perceive that you except against the Physick but only against the Dukes application of it without the direction or privity of His Majesties Physitians But the Duke in his Answer which you have by you declares that there was nothing administred to the King without the privity of the Phisitians and his own importunate desire and command And we have reason to beleeve that you did acquiesce in the Dukes answer as true and satisfactory because there was no farther Prosecution of him in the next Parliament holden the yeare following viz. 3. Caroli See the Petition of Right tertio Caroli And we appeale to your Journall Books whether there be any mention of the businesse in either of your Remonstrances of that Parliament for then you began first to remonstrate And so if there be any guilt we leave the world to judge where the guilt remaines that this businesse was not farther prosecuted Concerning Rochell We find that his Majesty lent not divers of the Navy Royall but the Vantguard only And that he did not lend other Merchants Ships but permitted them only to be hired of the Merchants And that they were not lent to be employed against the Protestants in France but upon a precise promise that they should not be employed against those of the Religion And because the King of France had employed them contrary to his promise therefore did his Majesty enter into hostility with France as appeares by the Duke of Buckinghams Commission under whom he sent an Army into the Isle of Rhea Besides his Majesty recalled those Ships and they were all returned 2. yeares before Rochell was lost Concerning the German Horse Loanes Privy Seales Coat and Conduct-Money Monopolies c. Because you have thrust all these into one charge we will speak of them first together and then of each particular Concerning them together we find that in your Remonstrance of the 15. of Dec. 1641. Exact Col. p 3. you declared them to be the effects of evill Counsellors onely And in your Petition accompanying it that you protested the Remonstrance was made Exact Col. p. 1. 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 in your Declaration of 19. May 1642. That you tell us Exact Col. p. 198. If you should say that all the ill things done of late in his Majesties Name have been done by himselfe you should neither follow the direction of the Laws nor the affection of your own hearts And in the same Declaration Exac Col. pag. 199. that it is a maxime in the Law the King can do no wrong but if any ill be committed in matter of State the Counsell If in matters of Justice the Judges must answer for it And how then contrary to your Petition Protestation affection and to the direction of the Law are these and the like things now imputed to his Majesty Much more may be said on behalfe of his Majesty in each particular 1. Concerning the German Horse That if there were any design in bringing over those Horse it was by others and amongst them your Balfore and Dalbier were principall But so soon as the Proposition was made to the King he rejected it and never consented to the practise of it 2. Concerning Loanes and Privy Seales That they have been in all times practised upon reason and necessity of State And that they have not been so frequent in K. Charles's time as in Q. Elizabeths whereof no sober man hath ever complained 3. Concerning Coat and Conduct money See the Pell Office That it was repaid to the Collectors of Subsidies and by them to the Deputy-Lievtenants of the severall Counties to be destributed amongst the Inhabitants And for want of such destribution in Dorsetshire was there a presentment thereof made to the Judge of Assizes 4. Concerning the Inclosing of Commons That his Majesty paid a dear rate for those that himselfe inclosed as for making the new Parks at Richmond and Wimbleton 5. Concerning Monopolies 21. Jac. 3. That the Law alloweth them for the incouragement of new Inventions so that they be not contrary to the Law nor inconvenient to the State c. And when any Petitions in this kind were brought to his Majesty he ever referd them to his Atturney or Sollicitor and he passed them upon their Certificate that the Monopolies petitioned for were not contrary to Law nor inconvenient to the People and not otherwise 6. Concerning Ship-money That his Majesty had a Judgment in a Court of Law for it before all the Judges of England Besides all these pressures were remedied by severall Acts in the beginning of the Parliament and we
remember that by your Order the Judges of Assize gave us notice thereof At Summer Assizes 1641. and highly extolled his Majesties goodnesse in passing so many gracious Acts for us And must these grievances now after seven years redresse be objected to us against him And must the King who by your owne Law can do no wrong in these cases be prosecuted and those vile Monopolists Sir Hen. Mildmay Sir John Wollaston and M. Lawrence Whitaker and also White the Sope-boiler at Lambeth be protected and cherished by you 7. Concerning the Spanish Fleet That it was bound to Flanders with new levied Souldiers to recruit their Army there which souldiers were without Arms and without Officers as we remember the Fleet was without Powder and therefore they intended no invasion being not provided for it Concerning the torturing of our bodies by whippings slitting of noses cutting off eares c. and the Lording over our soules by Oaths Excommunications c. We find that these judgements and proceedings upon our bodies passed in due forme of Law in Courts of Justice and that the Oaths Excommunications Ceremonies and Canons were no other and no otherwise exercised then was agreeable to the Lawes and Government established But we cannot but be sensible that our sufferings in every kind have been much more during your reigne then they were in his Majesties reigne for how have you devoured our estates by Taxes Free-quarter and that Compendium of all slavery the Excize how have you destroyed our bodies by strict imprisonment and cruell starving and how have you indeavoured to damne our soules and to send us to hell by whole-sale by your illegall anti-legall disloyall Vowes Covenants and Ingagements Concerning the long intermission of Parliaments and the two Principles of Tyranny We find that the Parliament begun 3. Caroli was dissolved upon your Remonstrances See the Petition of Right 3. Carol. and we believe that thereupon followed the long intermission of Parliaments for twelve years after And that it was in the Parliament aforesaid the King avowed those Maximes or Principles that he oweth an accompt of his actions to none but God alone See the Petition of Right 3. Carol. And that the Houses of Parliament joynt or seperate have no power either to make or declare any Law which induceth us to believe that even then there was some assault made by the two Houses upon the Royall Authority which made the King to avow those principles The anti-monarchicall spirit beginning to work in that Parliament and so making the King averse from Parliaments Nor do we see how these principles are introductive of Tyranny but sure we are the contrary are destructive of Monarchy And touching the first we learn from Rom. 13.4 That the King is the Minister of God and who art thou that judgest another mans servant to his own Master he standeth or falleth Ro. 14.4 The Law also averreth that the Crown of England is in no earthly subjection but immediately Subject to God in all things touching the regality of the same Crown and to no other 16. R. 2. c. 5. And touching the second Principle the Law also tells us That it is of the Kings Regality to grant or deny such of their Petitions for that was then the usuall forme of presenting their desires as pleaseth himselfe 2. H. 5. And that 1. Jacob. 1. the two Houses craving the Royall assent to that Act confesse without it the Act cannot be compleat or perfect c. Sir Edward Cooke also in the fourth Part of his Institutes a Book printed this Parliament by your Order pa. 25. saies That there is no Act of Parliament but must have the consent of the Lords and Commons and the Royall assent of the King The same also is true concerning the declaring of Law as appeares by the 25. Edward 3. The words whereof are And because many other like cases of Treason which are not expressed in that Statute may happen in time to come it is accorded That if any other case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without any going to Judgement of the Treason till the cause be shewed and declared before the King and his Parliament whether it be judged Treason or other Felonie Which Declaration ought to be by the whole Parliament and not by the King and Lords or King and Commons or Lords and Commons Cook Instit 3. part fol. 22. Now Innovations and Novelties in Parliamentary proceedings are most dangerous and to be refused Cook 4. part Instit p. 11. Concerning Scotland the new Liturgy and Canons and the cancelling and burning the articles of Pacification We find that the Liturgie and Canons were framed and sent thither with the advice or approbation of the Lords of the Councell of that Kingdome and if they were pursued with more vehemency then ought it must be imputed to the Ministers of that Kingdome that were trusted with it And that the Articles of Pacification were cancelled and burnt by the unanimous advice of the Privy Councell here after they had been first broken by the Scots And we cannot but wonder how you should take cognizance of transactions between his Majesty and his Subjects of Scotland especially after an Act of Oblivion Concerning the calling and dissolving the short Parliament We find that this was part of the Charge against the Earl of Strafford and the Archbishop of Canterbury though declined in the prosecution of them both and the reason hereof we conceive to be that Sir Hen. Vane Senior might not be questioned by whose false information and instigation that Parliament was unhappily dissolved that the Parliament being dissolved his Majesty tooke from his Subjects by power what he could not otherwise obtaine is one of the uncertainties in your Declaration that we except against Concerning the summoning this present Parliament and his Majesties expectation of supply against the Scots and his protecting of wicked Councellors We find that the King had little reason to hope for any assistance against the Scots knowing as he did who called them in and that from the Scots themselves whilst he was at Yorke a Secretary of the Scots Lords at Newcastle telling some English taken prisoners at Newburne That their coming in had not been but by the invitation of the English And that the King excepted no man of what quality or neernesse soever unto him from a legall triall leaving unto you the Earl of Strafford the Archbishop of Canterbury all the Judges and whomsoever you would accuse in so much that you examined and committed the Queenes Confessor and examined the Ladies of her Bedchamber and your Serjeant at Armes presumed so far as to come into the Kings withdrawing Roome next unto his Bed-chamber to cite and summon persons of greatest quality and neernesse unto himselfe Concerning the Queens pious Designe c. We find that the Queenes Designe if any were was most industriously examined by you and
that you had Sir Kenelme Digby Mr. Mountague and divers others before you in the House of Commons and that when you had most narrowly sifted the businesse you proceeded no farther in it nor against them for it And for Secretary Windebank That he was in the House of Commons after the report made and so you might have proceeded against him Concerning Commissions given to Popish Agents for private Levies c. We find that not the Papists only but the Lords of the Privy Counsell and divers Protestants of the best quality in the Kingdome contributed toward his Majesties Expedition into the North and if by private Levies you understand other Sums collected for his Majesties use we desire to know what they are and untill then we must account this and the other particulars annext unto it amongst the uncertainties of your Declaration Concerning the bringing up of the Northern Army We find that whereas 50000. l. were ordered for the payment of that Army and 10000. l. were taken by an after Order out of that summe to satisfie a new motion and importunity of the Scot some of the Officers of the Kings Army took offence and dislike thereat and in discourse said that they were disobliged by the Parliament and not by the King and thereupon concluded to serve his Majesty in all things that were honourable and agreeable to the Fundamentall Constitution of the Kingdome And that afterwards their discontent being heightned mention was made by some of the bringing up the Army to London and making sure the Tower but that was earnestly opposed and suddainly deserted by the Army it selfe as would have appeared by the second examination of Mr. Goring purposely suppressed by you Wherein also are many contradictions to what you have published concerning this businesse as we find in his Majesties Declanation of the 12. Aug. 1642. Exact Col. pag. 514. which you have not answered to this day And as concerning his Majesty himselfe we find in one of the depositions taken and published by you that when he was made acquainted with it he said those waies are vain and foolish and that they should think of them no more Nor can we find in any thing by you publisht though we have again and again read over the depositions printed together with your Declaration of May 19. 1642. Exact Col p 215 and more particularly those of Sir Jac. Ashley Sir John Conyers and Col. Leg in your present Declaration mentioned we say we cannot find that there was any reall transaction between his Majesty and that Army other then the signing of Capt. Legs Petition Wherein the Army offred their service to the King and Parliament Exact Col. p. 563 for securing them against the violence of Tumults then frequent in London For which reason did not you also call up the Army in Aug. 1647. And we must needs say considering those depositions all other the particulars recited by you as incident to this businesse are to be reckoned amongst the uncertainties and insufficiencies of your Declaration But we have been informed that others have endeavoured to seduce that Army from the Kings service and from the Earle of Strafford their Generall and that the said E. would have impeached them of high Treason for so doing had they not prevented it by impeaching him a day or two before his impeachment against them was ready Concerning the Kings offer to the Scots of the Plunder of London c. We find indeed in one of Sir Jacob Ashleys examinations that Oneal put the question to him Exact Col. p. 229. What if the Scots would be made newtrall And that Sir Jac. answered him that the Scots would lay him by the heeles if he should come to move such a thing for that they would never break with the Parliament But we find not in ought you have published any positive proofe of this charge against his Majesty And therefore we must refer this with what followes concerning Propositions made by Oneal Sir John Henderson and others with Letters of credence from the King to the uncertainties insufficiencies in your Declaration Concerning the Kings Journey into Scotland c. We find that after his Majesty had promised his Scottish Subjects to go into Scotland for setling the unhappy differences there at your intreaty he was perswaded to defer his Journey Exact Col. p. 525 to a day agreed on by your selves and that he took his Journey accordingly And that he left such a Commission behind him as was agreeable to Law and which might be sufficient to prevent any inconveniencies that might arise in his absence though he refused to passe it with that extent which was desired viz. for the Commissioners to consent to all Acts you should passe before he returned from Scotland Nor doth it appeare that the Commissions issued out by Secretary Windebank were other then according to the Law of the Land Concerning the businesse of Ireland Concerning the Kings Letters sent into Ireland by the Lord Dillon seeing you have not published them we must reckon them amongst the insufficiencies and uncertainties in your Declaration As we must that Commission sealed at Edenburgh to the Irish Rebells and the Oaths and depositions of those who have seen it and the promise of it to the Committee of London for the reason aforesaid Though it were an easie matter for the Rebells to take off a great Seale affixed to their Patents and fasten it to Commissions of this kind as we are credibly informed they did to gain credit to their action amongst the People Concerning the Irish Committee we find that they were chosen according to the constitution of that Parliament more Papists then Protestants 7. of the one and 6. of the other Religion sent under the notion of a Committee from the Parliament for redresse of grievances Sir John Temple pa. 13. and under that notion they complaine that the Earl of Strafford had taken a fourth part of the 5. Counties from the owners thereof and intiled the King to it and this is a particular Article of the impeachment against the Earle of Stafford Now the King only released that fourth part to the owners which was equally beneficiall to the English and Irish Protestants and Papists and how can you justly charge both the King for releasing it and Strafford for seizing it Concerning the not disbanding the Irish Army we find that that Army was raised to oppose the Scots invading England and that his Majesty resolved to disband the one so soon as he was affured of the return of the other but wisely considering that it might not be safe for the peace of Ireland if such a Bodie were disbanded as if it were transported his Majesty gave leave to the Spanish Embassadour to transport 3. or 4000. of them for his Masters service which you opposed giving reasons to the contrary at the instance of the aforesaid Irish Committee then at London having otherwise designed the service
of those men And this we conceive to have been the sence of Mac Cart and Macquires confession by you cited And so his Majesty consented to the disbanding and sending back of that Army into Ireland which doubtlesse gave a great rise and contributed much to the Irish Rebellion But that his Majesty knew nothing of any such designe doth appeare by the confession of Macquire at his Execution who to use his own words did acquit the King upon his death and any other man in England except one and he but a private Gentleman who came by chance to the knowledge thereof from being guilty so much as of knowing it Concerning the first Clause of their Oath to beare true faith and Allegiance to King Charles We know that in all Rebellions the chiefe Authors and contrivers of them make faire pretences and specious Oaths to seduce the People to joyn with them in their undertakings And whereas they stile themselves the Kings or Queenes Army that was meerly to countenance the Rebellion if not also to raise farther jealousies between the King and you and to set you at farther odds that so upon your divisions in England they might with more ease carry on the Rebellion in Ireland Concerning the 40. Proclamations sent into Ireland Exact Col. p. 247 We find not that you ever so much as moved for any Proclamation against the Rebells but the first motion came from the Lords Justices of that Kingdome who also sent a draught of such a Proclamation as they conceived best for the suppressing of the Rebellion And whereas ordinarily the King never signes more then the first draught of a Proclamation fairly ingrossed in Parchment and by it Copies are printed and dispersed in Ireland as in England the Lords Justices and Counsell taking notice of the rumour spread amongst the Rebells that they had the Kings Authority for what they did desired that they might have 20. Proclamations sent over signed by the Kings Sign Manuall to the end that besides the Printed Copies which they would disperse according to custome they might be able to send an Origin all with the Kings hand to it to those considerable persons whom they might suspoct to be misled by that false rumour and who when they saw the Kings very hand would be without excuse if they persisted Whereupon the King signed double the number and for expedition of the service commanded them to be printed as is well known to some Lords now sitting in Parliament and then sitting with his Majesty in Counsell Concerning the Letters written to the Lord Muskery from Court We find not how it reflects upon his Majesty but that rather it is to be referred to the insufficiencies and uncertainties in your Declaration And concerning the Kings Letter to the Marq. of Ormond for giving perticular thanks to Muskery and Plunket we find it to be for the Professions of their endeavours to bring their Countrymen to moderation and obedience at that time when they were at Oxford employed by the Irish to his Majesty during the Cessation Of the delaying and detaining of the Earl of Leicester We find that the King often pressed you that he might be dispatched and sent away to Ireland and that in his Answer to your Petition of the 28. Ap. 1642. Exact Col. p. 144 it is one of the reasons of his resolution to go in person into Ireland because the Lord Lieftenant did not repaire to his command there Nor came he to his Majesty at York till three moneths after and when he had received his Majesties instructions there and took his leave with profession to go to Chester he went not according to promise but returned to the two Houses at London Two months after you commanded him to Chester where he stayed 3. weekes in Expectation of Ships to transport him and his Majesty hearing that he had neither Provision of Money nor any force to be sent with him but his own retinue the Regiments of Foot and Troopes of horse which had been raised for that service having been imployed against his Majesty at Edg-Hill and being still kept as a part of the Earle of Essex his Army considering that the Protestants there would have been much disheartned and the Rebells equally incouraged if the Lord Lievtenant had arrived in so private a manner therefore his Majesty sent for him to Oxford till he could receive better satisfaction from the two Houses concerning the preparations for that Kingdom Concerning the Commission for the Lord Brooke and the Lord Wharton We find that the Commission desired was to have been Independent upon his Majesties Lieftenant of that Kingdome and therefore his Majesty refused it Concerning Papists and others passed by the Kings speciall Warrant into Ireland named by you We find that Mr. Pym at a Conference with the Lords about the beginning of Feb. 1641. declared Exact Col. p. 69 71. 117 118. that after the Ports were shut by both Houses of Parliament divers Papists passed from hence by his Majesties especiall Warrant and headed the Rebells in Ireland whereof his Majesty having notice required him and you again and again to name any one person so passed by his Majesty and now in the head of the Rebells and you have not named any one to this day and so we must refer this to the uncertainties and unsufficiencies in your Declaration as also what followes concerning the Commanders and Officers called off from their trust against the Rebells and the supplies which the Rebells had by the E. of Antrim L. Aboine and others from the Queen And lastly concerning the peices of battery from hence desired by the Counsell of Ireland of all which no evidence or instance hath been offred unto us save only that the King commanded the two Ships under Capt. Kettleby Capt. Stradling to attend him at Newcastle having before given you notice thereof to take care for the guarding of that Coast all other his Majesties Ships besides those two being at that time at your disposall But we cannot but remember how the Earle of Leven sent Generall of the Scots into Ireland against the Rebells was called from thence to lead an Army into England against his Majesty And how many Officers both Scots and English left the service in Ireland and were employed by you here in England being necessitated thereto for the recovery of their Arreares which they could not obtain otherwise as Sir Richard Greenvile c. Concerning the Cloathes seized by his Majesties Souldiers We find that it was done about Coventry when that City stood out against his Majesty and we conceive you should have sent for a safe conduct for passing them through his Majesties Quarters Also we find that when his Majesty had taken Chester he sent over into Ireland 3000. suites of cloathes provided by you for that service although his own souldiers were in great want of them And now let all the world judge how much reason you had to beleeve the
Rebells when they did so often sweare they did nothing without good Authority and Commission from the King c. The information given to the Arch-Bishop of a designe amongst the Papists for a generall Massacre of all the Protestants we conceive to be no objection against the King nor can we account otherwise of it then as one of the uncertainties and unsufficiencies of your Declaration Concerning the Kings Letter to the Pope when he was in Spain An we know that his Majesty was sent into Spain by the Command of his Father to conclude a Marriage with a daughter of that Crown so we find in the transaction of that businesse that the King of Spain sent a Letter to the Pope for a dispensation and thereupon the Pope writ a Letter to the Prince which his Highnesse answered And we desire to know whether you have a Copy of the very Letter sent to the Pope for we are informed some having prepared and brought a draught of a Letter to his Highnesse he perused it and struck out such passages as reflected upon our Religion and with that alteration caused it to be sent to the Pope But that you follow a Copy of the first draught as we find it in the Franch Mercury The Kings Letter to the Pope in behalfe of the Duke of Loraigne and his Agent at Rome are of your uncertainties c. And so is the Confession of the Queen Mothers servant and whatsoever else followeth in that Paragrave besides that it no waies reflecteth upon his Majesty Concerning the unusuall preparation of Ammunition and Armes with new Guards within and about Whitehall when the King came from Scotland c. We find that upon his Majesties return from Scotland you gave him an Alarme presenting to him a Remonstrance of the State of the Kingdome laying before him to use his Majesties own words in his Declaration of the 12. Aug. Exact Col. p. 528 and publishing to the world all the mistakes and all the misfortunes which hapned since his first coming to the Crown and before to that hour forgetting the blessed condition all his Subjects had injoyed in the benefit of plenty and peace under his Majesty to the envy of Christendome We find also in the same Declaration Exact Col. p. 533. that after the King came to Whitehall great multitudes of mutinous People resorted daily to Westminster threatning and assaulting the Bishops and misusing sever all Members of either House which did not favour their designes and proclaiming the Names of many of the Peeres as evill and rotten hearted Lords Besides they made a stand at Whitehall Gate and said they would have no more Porters lodge but would speak with the King when they pleased Whereupon his Majesty provided a Guard to defend himselfe against the violence and insolence of those Tumults and Ammunition and Armes were brought thither for the same purpose Fireworks in Papists houses we refer to the uncertainties of your Declaration as we do also what followes concerning the Guards Canoneeres Granadoes c. in the Tower Sir W. Balfore we find was removed not without his own consent and upon an ample Compensation in Money And concerning the City Petitions we conceive you framed and infused them as you had done the like to your knowledge in the Countries Concerning the charge of Treason against some of both Houses and the Kings coming so attended to the House of Commons We find it a Maxime in Law Exact Col. p. 535 that in case of Treason Felony and breach of the Peace there is no priviledge of Parliament so the Members may be prosecuted in these cases as if they were not Members We find also that the King had reason to accuse those Members of high Treason since as he alleadgeth in his unanswered Declaration of the 12. of Aug. Exact Col. p. 534 he could make perticular Proofe against them of a solemne Combination entred into by them for altering the Government of the Church and State and of their treating with forraign Power to assist them in case they should fail in their enterprise of the solliciting and drawing down the Tumults to Westminster and of their bidding the People in the height of their fury to go to Whitehall Concerning the Kings coming to the House We find that first the King sent his Atturney to the House of Lords with a charge against the Lord Kimbolton now Earle of Manchester as the Atturney Generall did accuse the Earle of Bristoll in the first yeare of his Majesties Reigne and that he sent the Sergeant at Armes to the House of Commons to acquaint them that he did accuse and intended to prosecute their 5. Members for high Treason and did require that their persons might be in safe custody Whereupon you made an order and the same night published it in Print Exact Col. p. 35. 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 farther order of that House that it shall 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 hence we conceive the King was necessitated to go in person unto you for the farther prosecution of that charge and for his attendance we find that he took with him only his servants and such Gentlemen as were then in the Court And that being come to the upper end of Westminster Hall before he went up the staires to the House of Commons he charged all those that accompanied him except some few ordinary servants not so much as to come up the staires nor to offer violence or injury to any person upon pain of their lives as Captain Bernard Ashly testified before your Committee at Grocers Hall which testimony you have suppressed as you did the second Examination of Col. Goring concerning the Northern Army Nor do we see why in Justice his Majesty might not have come in a forcible manner indeed to your House and against it after you had protected those Traiterous Members as the Army threatned to do when you would not give up your Members whom they had accused of high Treason And this is strange to us that you should be so sollicitous for the 5. Members and so carelesse of and injurious to the King the head of the Parliament and grant the Army what you denied the King And your undue protection of these Members against the King what was it but to use your own words the prologue to the bloody Tragedy that hath bin acted amongst us Besides in your Petition presented to his Majesty at Tibballs primo Mar. 1641. you besought kis Majesty to beleeve that the dangerous and desperate design upon the House was not inserted into the preface of your Ordinance for the Militia to cast the least aspertion upon him but
therein they reflected upon the Malignant Party c. VVhat you meane by the good affections of the City we know not but we find in his Majesties Declaration of the 12. of August Exact Col. pag. 538. that on January 11. 1641. the Trained-Bands of London guarded the accused Members from the City to the Parliament-House by Land and that there were 100. long Boats and Lighters laden with Sacres Murdering Pieces and Ammunition which passed by White-hall and attended by water and that there was a designe to have seized his Majesties Person as is confessed under the hand of one who hath been very active in your service and should have been a principall actor in it had not His Majestie removed from VVhite-hall the day before but what you could not then effect by tumults you have since done by force of Armes Concerning the List of Arms and Ammunition taken amongst His Majesties Papers We find that you had first seized the Kings Magazines in the Tower and at Hull by Major Skippon and by Sir John Hotham the former besieging the Tower by Land and by Water the 12. of Jan. 1641. the latter possessing himselfe of Hull not many daies after no marvell then that the King tooke order for Armes and Ammunition beyond the Sea What else you say concerning the Lord Digby cannot reflect upon the King and must be referred to your Insufficiencies The Commissions to the E. of Newcastle and Col Legg we find to be none other then according to Law and that they were not granted untill his Majestie was assured that some of your leading Members had a designe to procure an Order for seizing those Towns The Vessell that arrived with Arms and Ammunition neer Hull was not till about six moneths after that you had put a Garrison into that town and about three moneths after Sir John Hotham had shut the gates of it against the King The Invasion of the King of Denmarks Dominion by the Swedes we find was two yeares after your seizing of Hull and after the removing of the Magazine from Hull to London and therefore is it one of your insufficiencies as also what precedes Concerning your Intelligence from the Low-Countreyes of fornaign Forces from Denmarke and what followes concerning your notice of a Fleet preparing in Denmarke and that one of the Lord Digbyes servants had sollicited a Marriner or Pilot to conduct it into Hull and concerning the Letter to Secretary Nicholas from the Hague that there were coming from Denmarke Ships with 10000. Arms for Foot c. are all to be reckoned amongst your uncertainties and insussiciencies since experience hath made it evident that there was not the least colour for it Concerning Cockrans Negotiation in Denmarke VVe find from your own Declaration that it was after you were beginning to make head against the King and were levying Forces or rather when the E. of Essex was marching with his Army against His Majesty and the principall Instruction given to him was to presse that King to assist His Majesty with Money Armes and Ammunition you having seized all which belonged to his Majesty and that the same might be sent in some ships of that Crowne because all the Kings owne were taken from him and lay in wait to intercept any provision that should be sent to him And whereas in your Declaration of 22. Octob. 1642. you said Exact Col. p. 670. that Cockran was sent into Denmarke to bring Forces thence into England His Majestie in his Answer disavowes that saying that he had never greater cause to be confident of security in his own Subjects and therefore he could not believe so vile a scandall could make any impression in sober men And if he had not been confident of security in his owne Subjects why might he not move for forraigne aids against the great designe of extirpating the Royall Blood and Monarchy of England declared long since by M. Martin openly in your House without any reproofe at all What is written concerning your endeavour to lay a blemish upon his Majesties mother may happily not be knowne to your whole House businesses of that nature being secretly laid and carried on by a few but we are informed that there are some at VVestminster that know what passed in that businesse and by whose loyalty the motion of it was quashed in the bud VVhat else you cite out of Cockrans Instructions we find to be misrepresented by you for that his Majestie mentioned the Holland Fleet only as allowed by the States to give her Majesty a Convoy into England and concerning other his neighbour Princes and Allies he saith We expect and hope that they will not looke upon so dangerous a precedent to their owne Crowns and Monarchies without contributing to suppresse so pernicious a design begun in this Kingdome Concerning the Queens going into Holland and carrying over and pawning the Jewells of the Crowne c. VVe desire first to know whether those Jewells were not his Majesties owne bought with his owne money or with the moneyes of his Ancestors and not with the moneys of the Crown and whether you can produce any intail of them upon the Crown and if so we conceive they were not unduly imployed by the King for the defence of the Crown Concerning what followes we find that her Majesty tooke her journey into Holland Feb. 23. and that her journey was not resolved on till the beginning of that moneth but you petitioned for the Militia Jan. 26. and Sir Arthur Hasterigg brought in a Bill to that purpose in Octob. before We find also that Major Skippon besieged the Tower Jan. 12. which is to levv War against the King by the 25. Ed. 3. so you had both petitioned for the Militia and took up Armes before her Majesties journey into Holland We have also seen your Reasons of the 15. of July presented to his Majesty for the stay of her Majesties former journey intended beyond the Seas and we find no mention of the Jewells and Plate of the Crown in them and we appeale to your Journall Books in this point Concerning the Kings solemne Protestations c. VVe find that you willfully misunderstand and misrepresent them unto us You are jealous that the Exact Col. p. 125. King intended to bring in forraign Forces to invade the Kingdome his Majesty protests the contrary but intimates that he would make use of forraign force if he shall need them to keep himselfe from oppression You charge the Exact Col. p. 563. King that he had a design of bringing up the Northern Army against the City and the Parliament his Majesty protests the contrary but denies not he consented the Army should come up to secure his Royall person and his Parliament against Tumults May 20. 1642. Exact Col. p. 357. you voted that the King intended to levy war against the Parliament He protesteth the contrary to the Lords at York June 15. as he has declared June 13. Exact
Col. p. 349. that he would not engage in a War against the Parliament except it be for his own necessary defence and safety against such as do insolently invade and attempt against him or such as shall adhere unto him After that you had declared all those Delinquents who had withdrawn themselves to York and should persist to serve the King And so his Majesty did nothing contrary to his Protestations in protecting Berkwich whom you had sent for as a Delinquent for his endeavour to regain Hull to his Majesties obedience June 10. 1642. Exact Col. p. 339. you published Propositions and orders for bringing money or plate to raise an Army for the defence of the Parliament Whereupon his Majesty set forth a Declaration June 16. Exact Col. p. 351. disavowing any intention to levy War against his Parliament unlesse he should be driven to it for the security of his Person for the defence of Religion Lawes and Liberties of the Kingdome and the just Rights and Priviledges of Parliament And for those ends he excites his Subjects to bring in Money Plate Armes Horse and Horsemen in the close of that Declaration And he sends to Sir John Heydon Lievtenant of the Ordnance for Ordnance Powder Shot and Ammunition June 20. The Commission of array we find to be legall by Sir Edward Cook Instit par 4. 124. a book printed by your own Order and by Just Huttons argument in the case of Mr. Hampden fol. 39. 40. The Guard raised by his Majesty at York we find to have been one Regiment of Trained Bands commanded by their proper Col. and one Troop of Horse consisting of neere one hundred for the most part if not all of them of the Gentlemen of that Shire And the occasion of those Guards we find to be this you sent severall Committees to Hull Lincolnshire and York to perswade the People to approve of what Sir John Hotham had done at Hull and to assist him if there were occasion whereupon his Majesty raised this Guard for his own defence least Sir John Hotham should shut him up at York as he had before shut him out of Hull Concerning the Kings abusing your Committee by the Guard about him we have perused their Letters printed with your Remonstrances and find no such complaint in them The Posse Comitatus we find was never raised the high Sheriff waiting daily on his Majesty Concerning the Kings proclaiming the Parliament Traitors Exact Col. p. 185. We find that the King proclaimed none but such as the Law declareth guilty in the Statute of 25. E. 3. as Sir John Hotham for shutting the Gates of Hul against him and the Earle of Essex for leading an Army against him and he never declared the Parliament Traitors Exact Col. p 376. unlesse in your sense that whatsoever violence should be used either against those who exercise the Militia or against Hull you could not but beleeve it as done against the Parliament And concerning the Kings setting up his Standard c. We find it was not done till the 22. of Aug. at which time the Earle of Essex was marching in Battel arrray against him and if this be so is your proceeding without president Eaact Col. p. 298. your design being against Monarchy it selfe which is more then ever was attempted before for though the Person of the King hath sometimes been unjustly deposed yet the Regall Power was never before this time strucken at as his Majesty hath declared upon your nineteen Propositions presented to him June 2. Concerning the Parliament at Oxford We find that there was neither reall nor mock-Parliament set up there but that the King by his Proclamation invited the Members of both Houses driven away from Westminster to attend him at Oxford that all his good Subjects should see how willing he was to receive advice for the Religion Lawes and safety of the Kingdome from those whom they had trusted though he could not receive it in the peace where he had appointed We remember also that that body of Lords and Commons published a Declaration to the Kingdome at large setting forth the particular acts of Violence by which they had been driven from Westminster and by which the Freedome of Parliament had been taken away which you have not answered to this day And if want of Liberty or Felony and Treason supersede all priviledges of Parliament as we have been informed we doubt for all the Act of Continuation whether you be not a mock Parliament or no and whether you also may not be called a mungrell Parliament consisting of so many kinds of factions as you do And here we cannot but freely declare what we have observed from the beginning of the Parliament That there was in both Houses a party that intended the overthrow of the Government of Church and States which when they could not effect in a Parliamentary way and by free Voting they rais'd and call'd down Tumults from London to drive away those Members of both Houses that opposed them that done the aforesaid party remaining at VVestminster call themselves the Parliament of England and under pretence of serving and securing the Kingdome they enter upon the Militia and take up Armes and will never lay them down till they have wholly altered the ancient and Fundamentall Government of the Kingdome And this is our opinion of your constitution and proceedings Concerning the Cessation in Ireland VVe find by the Letters of the Lords Justices and the Counsell of Ireland to you as well as to his Majesty That the Army was in such extream want there that it could no longer subsist but must either disband or depart the Kingdome and his Majesty being not able to assist them and you who undertook to carry on that war wholly neglecting them the Enemy still increasing in strength and power with the full advice and approbation of the Lords Justices and Gounsell there and concurrence of all the chiefe Officers of that Army that Cessation was made by which only the Protestants of that Kingdome and his Majesties interest there could be preserved Concerning the Peace made in Ireland We find that the Marq. of Ormond only had power to make Peace there and that he refused to make it upon those unworthy conditions proposed by the Rebells and concerning the Earle of Glamorgan we find that his Commission was not to make peace but to give him credit in his Negotiations there for Souldiers Concerning the Kings Protestations against Poperie and his Letters to the Queen and the Lord of Ormond for taking away all penall Lawes against the Papists We find by the Treaties of the Lord of Ormond with the Irish Rebells that if his Majesty would have granted their demands in point of Religion that whole Kingdome would unanimously have declared for him and served him but such was his constancie to his Religion that he would rather hazard himselfe and his affaires in England then accept of assistance upon those
termes from Ireland We find also that this would have been evidenced by some other of the Kings Letters to the Queen taken by you at Nasby which you have purposely concealed least they should too plainly discover the Kings detestation of that Rebellion and his rigid firmnesse to the Protestant Religion And from his Majesties avowed firmnesse to the Protestant Religion it was that the Sectaries at first joyned in arms against him and that the Popish Princes have not succoured him yea we are informed that great store of Priests and Jesuites are in your Army intruding and concealing themselves under the generall Liberty now practised in matters of Religion and combin'd with the Sectaries against the King as equall enemie to them both and if God doth not prevent it they are likely to destroy both the King and our Religion together We have heard that M. Henderson lying on his death-bed told his friends about him if they would preserve Religion they must preserve the King the admonition will serve as well for England as for Scotland The sum of your Declaration ANd now have we run through the severall particulars of your Declaration and we find that 1. You charge his Majesty with what you cannot take cognizance of as his Transactions with his Scotish Subjects and after an act of Oblivion 2. That touching the Occurrences and Transactions in England and Ireland you charge his Majesty falsly maliciously illegally unreasonably 1. Falslly that the King never made any proposall fit for you to receive That he hath not kept his Coronation Oath That he betrayed Rochell That by his two Maximes he hath laid a foundation of Tyranny That he protected evill Counsellors That after you had shut the Ports hee gave Passes to Papists to go over into Ireland who were afterward in the head of the Rebells That by his Guard he abused your Committee at York and protected Berwicke against the Posse Comitatus And that he set up a mock-Parliament at Oxford c. yea you charge his Majesty with things rejected by him when they were proposed to him as the bringing over the German Horse The bringing up the Northern Army to the City and to secure the Tower not forgetting that you suppressed Col. Gorings second examination about that businesse There are also other falsities in your Declaration as that a storme from Denmark had fallen upon Hull and the Magazine there had not the Sweds about that time invaded the King of Denmarks Dominions c. 2. Maliciously by misrepresenting his Majesties actions That the King sometimes denied to receive your humble Petitions for peace Concerning the Kings advance to Brainford Concerning his Commission and the bloody Massacre at London Concerning his giving the 5. Counties to the Irish Committee Concerning the 40. Proclamations sent into Ireland Concerning the Kings Letter to the Earle of Ormond to thank Muskerie and Plunket Concerning his Letter to the Pope Concerning the Kings going to your House when by the way we cannot forget your suppressing Captain Ashleys examination at Grocers Hall Concerning Cockrans Negotiation in Denmark concerning the Holland Fleet concerning his Majesties Protestations against bringing over Forraigne Forces against bringing up the Northern Army and against making warre against this Parliament concerning his Commission to the E. of Glamorgan c. 3. Illegally that is for what the King did according to Law as the charging the five Members with Treason the Commission of Array his proclaiming some Traytors Also we find that he had a Judgement in Law for the Ship-money the Canons Ceremonies c. were also according to Law Nor can you by your owne Law charge him with what he did upon the Certificate of his Attourney and Solicitor in case of Monopolies nor with what he did by the advice of the Privy Councell concerning Scotland dissolving the Parliament and the Cessation in Ireland 4. Vnreasonably 1. With the grievances of the Kingdome after they were remedied by severall Acts of Parliament as Ship-money Monopolies c. 2. With what his Majesty justly had satisfied as Coate and conduct money and inclosing Commons 3. With what was done by Courts of Justice as the Whipping c. 4. With what was done by King James as the Articles with Spain and France 5. With what the Queen did as her designe if there were any 6. With what the Irish Rebells say calling themselves the Kings or the Queenes Army c. 7. With what your selves are guilty of as the not prosecuting the Duke of Buckingham The long intermission of Parliaments caused by your Remonstrances The rise of the Irish Rebellion by your not suffering the Army to be transported the delaying the Earl of Leicester c. 8. For refusing your unreasonable desires concerning the Commission when he went into Scotland And the Commissions to the Lord Brooke and the Lord Wharton 9. For what the King did in Order to his necessary defence as the Guards and preparation of Armes and Ammunition at Whitehall The List of Armes and Ammunition found amongst his Majesties Papers The Vessell that arrived neer Hull with Armes and Ammunition Cockrans Negotiation in Denmark The pawning the Jewells of the Crown his Letter to Sir John Heydon for Ordnance c. His Declaration to bring in Money Plate c. His Guard at York and setting up his Standard And from these your false malicious illegall and unreasonable allegations and charge how can you conclude that his Majesty hath broken his trust with the Protestants in France Scotland Ireland and this Kingdome And that he hath endeavoured to inslave us by German Spanish French Lorraign Irish Danish and other Forraign Forces And that he hath wholly forgotten not only his duty to the Kingdome but also the care and respect he oweth to himselfe and his own family and that you will repose no more trust in him but settle the present Government without him Let our strength be the Law of Justice 2 Wisd 11 And because you iterate and reiterate his Majesties Breach of trust and your resolutions thereupon we also reiterate our faith of that point We beleeve the Kings Power to be fiduciary and the Kingly Office a great trust but that he is intrusted as he is impower'd by God and only by God 2 Wisd 2 3. S. Paul tells us Ro. 13. That there is no power but of God And that the Powers that are are ordained of God and that the chiefe Magistrate is the Minister of God Arm'd by God with the sword to execute wrath upon him that doth evill And when you can out of the holy Scriptures shew us as cleare a Derivation of Politicall Power and trust from the People we will assent to your opinions and submit to your resolutions Besides when S. Paul writ this Epistle to the Romans Nero was their Emperor And so he that resisteth Nero resisteth the Ordinance of God And they that resist shall receive to themselves damnation Now if that bloody Tyrant and Persecutor Nero
might not be resisted nor may any Emperour or Soveraign whosoever be invaded imprisoned deposed murdered and the way for security prescribed to Subjects by the Apostle is not to wrest the sword from the King but to submit and obey him Wilt thou not be afraid of the Power do that which is good and thou shalt have praise of the same v. 3. Wherefore whatsoever befalls us though we live under a Nero we must needs be subject not only for wrath but also for conscience sake v. 5. 2 Chro. 9.8 And we know no medium between subjection and Rebellion so that when we cease to be Subjects we necessarily become Rebells And in truth when of Gods Lieftenant you would make the King only the Peoples chiefe Officer your quarrell is not with the King only and the Crown but with God himselfe also the Author of politicall order Power and Government And whilst you intend to depose the King what do you but usurp upon God himselfe For he removeth Kings and setteth up Kings Dan 2.21 And do you provoke God to Jealousie are ye stronger then he 1 Cor. 10.22 And the manner whereby God promotes Kings with us is by naturall Generation and the meanes whereby he removeth them is naturall Death Nor can the Reigne of a King of England duly be determined otherwise We shall conclude as you do with a word or two concerning the Kings Family and shall cite some passages of the two Houses of Parliament 1. Jac. 1. We do upon the knees of our hearts agnize our most constant faith obedience and loyalty to your Majestie and your Royall Progeny as in this high Court of Parliament where all the whole body of the Realm and every particular Member thereof either in person or by representation upon their own free Election are by the Lawes of this Realme deemed to be personally present Again We being bounden thereunto both by the Lawes of God and Man do recognize and acknowledge and thereby expresse our unspeakable joyes that immediately upon the dissolution and decease of Elizabeth late Queen of England the imperiall Crowne of the Realm of England and of all the Kingdomes Dominions and Rights belonging to the same did by inherent birthright and lawfull and undoubted succession descend and come to your most excellent Majesty as being lineally justly and lawfully next and sole Heire of the Blood Royall of this Kealme and that by the goodnesse of God Almighty and lawfull right of descent Lastly And we most humbly and faithfully submit and oblige our selves our heires and posterities for ever untill the last drop of our bloods be spent and do beseech your Majesty to accept the same as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty and your Royall Progeny and Posterity for ever O the basenesse and vilenesse of the English Nation thus to protest to the Father yet to depose the Son and to destroy the Posterity read the 17. Ezek. 16,18,19 But that is come to passe which was fore-told by S. Paul In the last dayes perillous times shall come for men shall be lovers of their own selves covetous boasters proud blasphemers disobedient to Parents unthankefull unholy Without naturall affection truce-breakers false accusers incontinent fierce despisers of those that are good Traytors heady high minded lovers of pleasure more then lovers of God Having a forme of godlinesse but denying the power thereof from such turne away 2 Tim. 3.1 c. Finally Hos 8.2 10.2 whereas you intend to settle the present Government without more adoe we shall rather hearken to Solomons admonition then comply with your resolutions My Son fear thou the Lord and the King and meddle not with them that are given to change for their calamities shall rise suddenly and who knoweth the ruine of them both Prov. 24.21,22 FINIS