joyne with them they will doe their work themselves without Him There is no one Proposition that hath more mis-led men then the discourse of the Parliaments being the supream Court of Judicature and therefore that they have the sole power to declare Law It is confessed that the House of Peers in Parliament for any pretence of the House of Commons to judicature is groundlesse and unreasonable and unheard of till within these last seven years is the supream Court of Judicature whither any person that conceives himself oppressed by the judgment of any other Court may by writ of Error remove that judgment of which he Complaines and from the Sentence of that Court there is no Appeale which His Majesty well expressed in His Answer to that Declaration of the 19 of May in these words We deny not but they may have a power to declare in a particular doubtfull case regularly brought before them what Law is but to make a generall Declaration whereby the known rule of the Law may be crossed or altered they have no power nor can exercise any without bringing the Life and Liberty of the Subject to a lawlesse and arbitrary subjection Which assertion the too sad experience of all men hath evinced to be most reasonable The truth is that power of declaring in a particular case so brought before them is rather a power to declare what shall be done in that case then what the law is for if they reverse a judgment brought before them and determine the right otherwise then it hath been judged by the sworne Judges that judgement is no rule to the sworne Judges to judge by but they may in the like case without imputation of Crime or error judge as they did formerly which shews that the Judges are the onely Interpreters of the Law in their severall Courts though in these cases removed regularly before the Lords the party must acquiesce there being no other Court to appeale to Adde to this that there hath been in all times that reverence to the sworne Judges of the Law that the Lords in Parliament have alwaies guided themselves by their opinion in matters of law neither will it be ever found before this Parliament that the House of Peers ever declared or judged the law in any particular case against the unanimous opinion of the Judges who are assistants only for that purpose neither is it reason that any should be thought fit Interpreters or Declarers of the law but they who have studied it and are sworne to doe it truly And to this point though there are multitude of examples and Presidents there shall be one only remembred In the Parliament in the 28 year of Hen. 6. upon the 16 of January the Commons desired That William de la Poole Duke of Suffolk should be Committed to prison for many Treasons other hainous Crimes cōmitted by him The Lords in Parliament were in doubt what Answer to give they demanded the opinion of the Judges their opinion was that he ought not to be Committed And the reason was for that the Commons did not charge him with any particular Offence but with generall Slanders and Reproaches And therefore because the specialties were not shewed he was not to be Committed this opinion was allowed and the Duke was not Committed till a Fortnight after that the Commons had exhibited speciall Articles against him that he conspired with the French King to invade the Realme c. And then he was sent to the Tower So great respect did those times beare to the Judges of the Law and so much courage had the Judges then to declare what the Law was Having now made it manifest that this most destructive maxime or principle is no new position but agreeable to antiquity Conscience truth and Law and therefore not like to be a fit foundation for all Tyranny It will not be unseasonable to observe that these words were spoken by His Majesty at the first Session of Parliament in the 3 year of his Reigne and that though the matter of them hath been often since and must be alwaies averred by him the very words have not been used in Speech or Declaration by His Majesty since the beginning of this Parliament and that that very Parliament continued many Months after and never in the least degree made question of them nor hath any objection been made to them till this new Declaration of the Commons near 18 years after and therefore it is not probable that they have been before mis-interpreted or censured It may be likewise in this place fit to inform the people what these men meane by the power of Declaring Law which they are so ambitious of that they may know how little else they would need to destroy King and people if they were possessed of this power in the sense they intend which will best appear by the instances in which they have assumed it The King proclaimes Sir John Hotham guilty of high Treason for having shut the Gates of Hull and having made resistance with armed men in defiance of His Majesty which he saies is high Treason by the Statute of the 25 year of Edw. 3. c. 2. They declare that Sir John Hotham did not shut the Gates against Him in defiance but in obedience to His Majesty and that the meaning of that Statute is onely against those who levyed War against the Kings laws and authority that the Kings Authority is only in them and they only can judge of the laws and therefore that they who shall levy War by their authority though against the personall Commands of the King and accompanied with his presence incur no danger by that Statute And that they who did attend His Person against them are guilty of Treason within that Statute The King for the information of his Subjects remembers them of the Statute made in the 11 year of K. Hen. 7. cap. 1. by which it is enacted That no manner of person whosoever he be that attends upon the King and Soveraign Lord of this Land for the time being in His Person and doe Him true and faithfull service of allegiance in the same or be in other places by His Commandement in His Wars shall be convict or attaint of high Treason nor lose Lands Goods c. They declare that by the King in this Statute is meant the Parliament If they are told the King is Supreme head and Governour over all persons within His Dominions and that He is so acknowledged to be by the Oaths themselves have taken They presently declare that it is meant of singular persons rather then of Courts or of the collective body of the whole Kingdome Examples innumerable of this kind might be remembred and the consequence needs not be pressed That the absurdity may a little appeare as well as the mischief they apply this faculty of declaring to the satisfying their Curiosity and supporting their Credit to matter of right and matter of
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
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
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
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
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
passe in that Assembly of some few Lords and Gentlemen at Westminster under what pretence and colour soever were void and null and ought not to be submitted to by the free-borne Subjects of England It is not denied that the presentation of those humble desires of the young men and Apprentices of the City of London to both Houses on the 26 of Iuly last by which they compelled them to reverse and repeale two severall Acts of both Houses passed but three daies before was most destructive to the priviledge and freedome of Parliament and no question the Speakers and Members of both Houses had good reason to withdraw and absent themselves upon that violation but it is affirmed that the freedome of Parliament was as much obstructed by severall other acts preceding as it was on the 26 of Iuly last and that the Members of both Houses who attended his Majesty at Oxford had as great reason to withdraw themselves and at least as much authority to declare their want of freedome as the Speaker and the others had then or the Army to declare on their behalfs When the Tumults brought down by Manwaring and Ven compelled the House of Peers to passe the Act of Attainder against the Earle of Strafford to which the fifth part of the Peers never consented the rest being driven from thence and afterwards so absolutely forced his Majesty to signe it that it cannot be called His Act His hand being held and guided by those who kept Daggers at His Breast and so His royall name affixed by them and it being told Him at His Counsell board by those who were sworn to defend Him from such violence that if it were not done in that instant there would be no safety for Himself His royall Consort or His Progeny the Rabble having at that time besieged His Court The freedome of Parliament was no lesse invaded then it was on the 26 of Iuly last When the same Captain Ven then a Member of the House of Commons in November and December 1642. sent notes in writing under his hand into the City that the people should come downe to Westminster for that the better part of the House was like to be over-powred by the worser part whereupon at that time and some daies after multitudes of the meanest sort of people with Weapons not agreeing with their condition or custome in a manner contrary and destructive to the priviledge of Parliament filled up the way between both Houses offring injuries both by words and actions to and laying violent hands upon severall Members proclaiming the names of severall of the Peers as evill and rotten hearted Lords crying many howers together against the established Laws in a most tumultuous and menacing way and when this act was complained of to the House of Commons and Witnesses offered to prove Capt. Ven guilty of it and a Fellow who had assaulted and reproached a Member of the House of Commons in those Tumults coming again to that Bar with a Petition shewed and complained of to that House and yet in neither of these cases justice or so much as an Examination could be obtained and when these proceedings were so much countenanced by particular Members that when the House of Peers complained of them as derogatory to the freedome as well as dignity of Parliament Mr. Pim said God forbid we should dishearten our friends who came to assist us no doubt the freedome and safety of the Parliament was no lesse in danger and violated then it was on the 26 of Iuly last When in Ianuary 1642. after the first Proposition concerning the Militia was brought to the House of Peers and by them rejected a Petition was brought in a tumultuous manner to the House of Lords in the name of the Inhabitants of Hertford-shire desiring liberty to protest against all those as enemies to the Publique who refused to joyne with the Honourable Lords whose endevours were for the publique good and with the House of Commons for the putting the Kingdome into a posture of safety under the command of such persons as the Parliament should appoint when other Petitions of that nature and in the same manner delivered were presented to that House concluding that they should be in duty obliged to maintain their Lordships so far as they should be united with the House of Commons in their just and pious proceedings when at the same time a Citizen accompanied with many others said at the Bar of the House of Commons without reprehension That they heard there were Lords who refused to consent and concur with them and that they would gladly know their Names When that signall Petition of many thousand poor people was delivered to the House of Commons which took notice of a Malignant faction that made abortive all their good motions and professed that unlesse some speedy remedy were taken for the removing all such obstructions as hindred the happy progresse of their great endevours the Petitioners would not rest in quietnesse but should be forced to lay hold on the next remedy that was at hand to remove the disturbers of the peace and when that monstrous Petition was carried up to the House of Peers by an eminent Member of the Commons as an Argument to them to concur with the Commons in the matter of the Militia and that Member desired That if the House of Commons was not assented to in that point those Lords who were willing to concur would find some means to make themselves known that it might be known who were against them and they might make it known to those who sent them Upon which Petition so strangely framed countenanced and seconded many Lords thereupon withdrawing themselves in pure fear of their lives the Vote in Order to the Militia twice before rejected was then passed The freedome of Parliament was as absolutely invaded as it was on the 26 of July last In August 1643. the House of Commons agreed after a long and solemn debate to joyne with the Lords in sending Propositions of Peace to the King the next day printed Papers were scattered in the Streets and fixed upon the publique places both in the City and the Suburbs requiring all persons wel-affected to rise as one man and to come to the House of Commons next morning for that 20000 Irish Rebels were landed which direction and information was that day likewise given in Pulpits by their seditious Preachers and in some of those Papers it was subscribed that the malignant Party had over-voted the good and if not prevented there would be Peace a Common Councell was called late at night though Sunday and a Petition there framed against Peace which was the next morning brought to the House countenanced by Alderman Penington who being then Lord Major of London that day came to the House of Commons attended with a great multitude of mean persons who used threats menaces and reproaches to the Members of both Houses their Petition took notice of
spent at Uxbridge is published to the world in which the last observation made by the King's Commissioners must not be forgotten That after a War of neer foure years for which the defence of the Protestant Religion the Liberty and Property of the Subject and the Priviledges of the Parliament were made the cause and grounds in a Treaty of Twenty daies nor indeed in the whole Propositions upon which the Treaty should be there hath been nothing offered to be treated concerning the breach of any Law or of the Liberty or Property of the Subject or Priviledge of Parliament but onely Propositions for the altering a Government established by Law and for the making new Laws by which almost all the old are or may be cancelled and there hath been nothing insisted on of the Kings part which is not Law or denied by the Kings Commissioners that the other required as due by Law For the Protestation which they say was entred about the time of this Treaty in the Councell-Book and of which his Majesty gave the Queen account it is known to be no other then a Declaration that by calling them a Parliament there could be no acknowledgment inferred that he esteemed them a free Parliament which few at that time did believe them to be and they have since upon as small reasons confessed themselves not to be They alleage as a wonderfull testimony of their meeknesse and good nature that after His Majesties Armies were all broken so that in disguise He fled from Oxford to the Scots at Newarke and from thence went to Newcastle they tendred to Him at Newcastle and afterwards when the Scots had left Him to the Commissioners of Parliament at Hampton-Court still the same Propositions in effect which had been presented before in the midst of all His strength and Forces which is rather an Argument that they had at first made them as bad as possibly they could then that they were good since and considering the natures of these Declarers there cannot be a more pregnant evidence of the ilnesse and vilenesse of those Propositions then that they have not made them worse nor is the condition in which they have now impiously put His Majesty for His refusall worse then it had been or would be His Personall liberty only excepted if He consented to them and in one consideration it is much better because it is now a confessed act of violence and treason upon Him which if He once consent to their Propositions they will when ever they find occasion appear legally qualified to do the same They have once again out of their desire of his Majesties concurrence descended to one other addresse to Him and they said they did so qualifie the said Propositions that where it might stand with the publique safety His wonted scruples and objections were prevented or removed and yeilded to a Personall Treaty on condition the King would signe but foure Bils which they judged not only just and honourable but necessary even for present peace and safety during such a Treaty and upon His deniall of these they are in despair of any good by addresses to the King neither must they be so injurious to the people in further delaying their setlement as any more to presse His consent to these or any other Propositions What the former Propositions and Addresses to His Majesty have been and how impossible it hath been for Him to consent to them with His Conscience Honour or Safety appears before and how inconvenient it would have been to the Kingdome if He had done it they themselves have declared by making such important alterations in respect of the English interest in those presented at Newcastle from the other treated on at Uxbridge it will be fit therefore to examine these foure Bils which were to be the condition of the Treaty One of these Bils is to devest His Majesty and His Posterity for ever of any power over the Militia and to transfer this right and more then ever was in the Crown to these men who keep Him Prisoner for it is in their power whether they will ever consent that it shall be in any other and to give them power to raise what Forces they please and what Mony they think fit upon His Subjects and by any waies or means they appoint and so frankly exclude Himself from any power in the making Laws There need no other Answer why it is not fit or possible for the King to consent to this then what the Commissioners from Scotland gave to the Houses when they declared their dissent If the Crownes have no power of the Militia how can they be able to resist their Enemies and the Enemies of the Kingdomes protect their Subjects or keep friendship or correspondence with their Allyes All Kings by their royall Office and Oath of Coronation are obliged to protect their Laws and Subjects it were strange then to seclude the Crown for ever from the power of doing that which by the Oath of Coronation they are obliged to perform and the obedience whereunto falleth within the Oath of Allegiance and certainly if the King and His Posterity shall have no power in making Laws nor in the Militia it roots up the strongest foundation of honour and safety which the Crown affords and will be interpreted in the eyes of the world to be a wresting of the Scepter and Sword out of their hands Nor can this just and honourable Assertion be answered and evaded by saying that the Militia was the principall immediate ground of their quarrell in order to the preservation of Religion and the just Rights and Liberties of the people and that the Scots Commissioners have often agreed with them in it and that the Kingdome of Scotland fought together with them for it and upon the ground thereof and that now they argue against their injoying it almost in the very same words as the King did at the beginning of the War in His Declarations It is no wonder that what these men have done and the horrid confusion they have made have evinced many truths which appeared not so manifest to all understandings by what the King said or that they have not so good an opinion of those who tell them that there is another and a more naturall way to peace and to the ending the war then by Agreement namely by Conquest As they had of them who with all imaginable solemnity swore that they would sincerely really and constantly endeavour with their estates and lives mutually to preserve and defend the King's Majesties Person and authority in the preservation and defence of the true Religion and Liberties of the Kingdomes that the world may bear witnesse with their Consciences of their Loyalty and that they had no thoughts or intentions to diminish His Majesties Power and Greatnesse which Engagements might perswade many that their purposes were other then they now appear to be For that other power they
of any kind of peace and security to them and that as they have upon the matter dissolved the noblest structure and frame of government in Church and State that hath been at any time in the Christian world so that they are too much transported with passion and guilt and of too little interest experience and understanding to devise and settle a new form or to mend any defects in the old Besides that they plainly discern that they are not the Ministers of their Country for whom they were chosen and deputed but for the Army whose dictates they are obliged and forced to follow so that if their inclinations were good they have not power to execute accordingly And are like the Eagle in Esdras when the voice went not out of her head but from the midst of her body The mutuall confidence between them and their Army is totally dissolved it being not possible for the Houses ever to repose trust in any Army for they can never believe any Army to be more at their devotion then they had reason to think that under Sir Thomas Fairfax nor for the Army to pay a full submission to the Houses for admitting that Party which is most powerfull in the Army for the present is of the same mind and opinion with that Party which is most powerfull in the Houses yet being both still Rivals for the Soveraigne power they can never intirely trust or intirely submit to each other Though the Houses should consist of none but such who were glad at that time that the King was taken from Holmby and that the Army did not disband yet they will alwaies remember that the one was done without their Order or consent and that the Army may do the like again when they think fit and when it may not turn so much to their advantage And that they did not onely not disband at that time but have declared by their solemn Engagement of the Army 5 of June That they will not Disband nor divide nor suffer themselves to be divided or disbanded till they have first security and satisfaction in those things they have desired in such manner as shall be agreed upon by a Councell to consist of those generall Officers of the Army who have concurred with the Army in what they have done and what they have demanded with two Commission Officers and two Soldiers to be chosen for each Regiment who have concurred and shall concur with them in the premises and in this Agreement so that it is evident that the Army will be governed and disposed of only by themselves for which they have very great reason and without which indeed they can have no security for how complying soever the Houses are for the present the Souldiers cannot forget that they were once declared Traytors but for preparing a Petition and they wisely observe that what was done may be done again and by the demurs which have been made concerning the safety and immunity of the Speakers and those faithfull Members who were driven away by violence and the immunity of the Army in advancing to London notwithstanding the publick acknowledgment and thanksgiving to God for it They discern that they are only safe by the want of power in the Houses of what party soever they consist the ambition injustice and tyranny of both being equall The Army have already fully declared against their late Votes and resolutions and therefore it must be presumed they will never concur or contribute to the supporting them The Generall himself in his Letter of the 6 of June from Cambridge to the Speaker tells him That as it is his most earnest and humble desire so he found it to be the unanimous desire and study of the Army that a firm peace in this Kingdome may be setled and the Liberties of the people cleared and secured according to the many Declarations by which they were invited and induced to ingage in the late War And in the Declaration and representation from the Generall and the whole Army of the 14 of June to the Parliament they tell them plainly and honestly That they were not a meer mercenary Army hired to serve any Arbitrary power of State but called forth and conjured by the severall Declarations of Parliament to the defence of their owne and the peoples just Rights and Liberties and so they take up Armes in judgment and Conscience to those ends and have so continued them and are resolved according to the first just desires in their Declarations and such principles as they had received from their frequent Informations and their own Common sense concerning those fundamentall Rights and Liberties and to assent and vindicate the just power and rights of this Kingdome in Parliament for those common ends premised against all Arbitrary power violence and oppression and against all particular parties or interests whatsoever And in their Remonstrance of the 23 of June from S. Albons they say That the Kingdom calls upon them not to disband till they see the Rights Liberties and Peace of the Kingdome setled according to the many Declarations by which they were first called forth and invited to ingage in the late War Now what those ends desires and principles were in their Declarations are set forth before and known to all men who have or will read their Declar to be no other then the maintenance of the true Protestant Religion the King 's just Prerogative the Lawes and Liberties of the Land and the Priviledges of Parliament in which endeavours they said they would still persist though they should perish in the work And they were so far from avowing that they would not send to or hear from the King or not suffer His Majesty to come to them that they declare that as they never gave Him any just cause of withdrawing Himself from His great Councell so it had ever been and should ever be far from them to give any impediment to His return And in their Declaration in Answer to the Kings after the Battle at Edghill concerning the allegations that the Army raised by the Parliament was to murther and depose the King they say They hoped the Contrivers of that Declaration or any that professed but the name of a Christian could not have so little charity as to raise such a scandall especially when they must needs know the Protestation taken by every Member of both Houses whereby they promise in the presence of Almighty God to defend His Majesties Person And by that Protestation of the 22 of October 1642. remembred before they declare in the presence of Almighty God to this Kingdome and Nation and to the whole world That no private passion or respect no evill intention to His Majesties Person no designe to the prejudice of His just Honour and Authority engaged them to raise Forces and to take up Armes So that these being the desires ends and principles in their Declarations by which the
A FVLL ANSWER TO AN INFAMOUS AND TRAYTEROUS PAMPHLET ENTITULED A Declaration of the Commons of England in Parliament assembled expressing their Reasons and Grounds of passing the late Resolutions touching no further Addresse or Application to be made to the KING MICAH 3. 11. The Heads thereof judge for reward and the Priests thereof teach for hire and the Prophets thereof divine for mony yet will they leane upon the Lord and say Is not the Lord among us none evill can come upon us Printed for R. ROYSTON 1648. THE CONTENTS THe Authors Method pag. 2. Their severall Charges against the KING ib. 1. That His Majesty hath laid a fit foundation for all Tyranny by this Maxime or Principle 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 p. 3. 2. The private Articles agreed in order to the Match with Spaine and those other private Articles upon the French marriage c. p. 12 3. The Death of King James ib. 4. The businesse of Rochel p. 17. 5. The Designe of the German Horse Loanes Privy-Seales Coat and Conduct-mony Ship-mony and the many Monopolies p. 19. 6. The torture of our bodies by whipping cutting off eares pillories c. with close-imprisonment aggravated with the dominion exercised over our souls by Oaths Excommunications new Canons c. p. 24. 7. The long intermission of Parliaments and at the dissolution of some how Priviledges have been broken and some Members imprisoned p. 26. 8. The new Liturgy and Canons sent into Scotland And the cancelling and burning the Articles of Pacification p. 27. 9. The calling and dissolving the short Parliament and the Kings proceeding after the dissolution therof p. 28. 10. The King summoned the present Parliament to have assistance against the Scots And when He found that hope vaine He was so passionately affected to His Malignant Counsellours that He would rather desert His Parliament and Kingdome then deliver them to Law and Justice p. 29. 11. The Queens designe to advance Popery and Her observing a Popish Fast with Secretary Windebank's going beyond Sea by His Majesties Passe after he was questioned p. 30. 12. Commissions given to Popish Agents for private Leavies p. 31. 13. The bringing up the Northerne Army to over-awe the Parliament ib. 14. Offers made to the Scots of the plunder of London if they would advance or of 4 Northern Counties with three hundred thousand pounds but to stand Neuters p. 36. 15. The businesse of Ireland p. 38. 16. The unusuall preparation of Ammunition and Armes upon the Kings return from Scotland with new Guards within and about Whitehall the Fire-works taken and found in Papists houses the Tower filled with new Guards Granadoes and all sorts of Fire-works Morters and great Pieces of Battery the displacing Sir William Balfore and placing other Officers who were suspected by them and the whole City p. 58. 17. The Charge of Treason against some of both Houses and the Kings going so attended to the House of Commons p. 62. 18. A Parallel between the Kings proceedings against the 5 and the Armies against 11 Members p. 67. 19. Commissions granted to the E. of Newcastle and Colonel Legg for attempting Newcastle and Hull And their intelligence of forain Forces from Denmark p. 72. 20. The Queens going into Holland and her carrying away and pawning the anncient Iewels of the Crowne p. 76. 21. When they first took up Arms against the King ib. 22. Breach of Honour and faith in the King for making so many solemn Protestations against any thought of bringing up the Northerne Army or of Levying Forces to wage war with His Parliament or of bringing in forain Forces or Aids from beyond Sea p. 79. 23. They have not observed their Professions made to the King nor kept their promises to the People p. 95. 96. 24. That His Majesty proclaimed them Traytors and Rebels setting up His Standard against the Parliament which never any King of England did before Himself p. 97. 25. The setting up a mock-Mock-Parliament at Oxford to oppose and protest against the Parliament of England p. 102. 26. A full Relation of the first Tumults p. 107. 27. The Pacification and peace in Ireland p. 113. The King 's severall Messages and their Propositions and Addresses for peace p. 118. Their 4 Bills presented to His Majesty at Carisbrook-Castle p. 132. The Commons Resolutions of making no more Addresses to the King p. 148. The Conclusion Demonstrating That they can never establish a Peace to the Kingdome or any security to themselves but by Restoring the just Power to the KING and dutifully submitting and joyning themselves to His protection p. 156. An ANSWER to an infamous and trayterous Pamphlet entituled A DECLARATION of the Commons of England in Parliament expressing their reasons and grounds of passing the late Resolutions touching no further addresse or application to be made to the KING IF the nature and minds of men were not more inclined to errour and vice then they are to truth and vertue and their memories more retentive of the Arguments and evidence which is administred to pervert then of those applied to reclaime them there would be little need of composing any Answer to this seditious and trayterous Declaration which consists onely of the severall infamous and scandalous imputations and reproaches except the odious and groundlesse discourse of the death of King James which though they have alwaies whisper'd they never thought fit to own till now which have been thrown and scattered against the King throughout their Declarations and Remonstrances and is but the same Calumny and Treason bound up in a lesser Volume to every particular whereof His Majesty whilst he was at liberty to speak for himself and to take the pains to undeceive and inform his people gave full and clear answers in His severall Declarations and Expresses so that from thence all men may gather the most naturall and proper Antidotes to expell this poyson the spirit and malignity whereof it is hoped is so near spent by the stalenesse and palpable unskilfulnesse as well as malice of the Composition that it will neither be received by or work upon any healthfull Constitutions yet it will not be amisse for the information of those who it may be have not taken the pains to read the KING 's former Answers and Declarations and refreshing the memory of others who have forgotten what they have read to collect the Answers formerly given to those particulars with which His Majesty is now charged and to adde to those Answers what the knowledge and observation of most men who have been faithfull inquirers into past Actions with that integrity and duty that becomes Subjects may supply them with For which there will need no great Apology since every honest man hath a more regular and legall qualification to vindicate His Majesty from those foule aspersions then any Combination
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
at the same time incensed against the Duke in their Impeachment or Remonstrance against him thought fit to insert the giving of that Drink and applying that Plaister which was all that was mentioned in that Pamphlet concerning King James as a transcendent presumption in the Duke as is set forth in this Declaration If they had been ingenuous they would likewise have set forth the Duke's answer to that Clause and then the people would have understood that there was nothing administred to the King without the privity of the Physitians and His own importunate desire and Command the applications being such as unlearned people upon observation and experience in those known and common Diseases believe to do much good and the learned acknowledge can doe no hurt And the Parliament continued above a Week after that Answer was put in and no one person appeared in that time to offer the least evidence concerning that Clause and the King might very well in justice to the honour of a faithfull Servant discharge His owne knowledge to free him from so horrible an imputation And after the dissolution of that Parliament all imaginable care was taken to examine the grounds and to discover the Authours of that Suggestion And it is known the miserable wretch who raised the Scandal with great penitence afterwards acknowledged his Villany and died with the horrour of his guilt In the year following there was another Parliament summoned which continued and sate many Months together before the Dukes death and which was not more devoted to him then the former had been where those two Gentlemen mentioned in the Declaration bore great sway and were nothing reconciled to the Duke or the Court yet in all their Remonstrances not the least word of that aspersion all men believing and knowing it to be the most groundlesse that could be imagined After the beginning of this Parliament when the licence of Talking and Preaching seditiously was introduced it was whisper'd amongst some of the chief Agents for the confusion which hath since followed that they would examine the matter of the Death of King James and shortly after the businesse of the five Members when the King was at Windsor and the two Houses governed so absolutely This Pamphlet written so long since by Eglisham was printed and publickly sold in Shops and about the Streets and a very powerfull person of that Faction with some seeming trouble in his countenance told one of the Secretaries of State that many took the liberty abroad to discourse too boldly of the Death of King James and that he would send one to him a Clergy man who could give him a particular information of it the same night the man came to him who told him that there was a Papist who lived about London or in the nearest part of Surrey who reported that he could prove that King James was poysoned the Secretary required the Informer to attend him at an houre the next day and early in the morning assembled the Privy Councell acquainted them with the Information and the Informer and desired their Lordships advice and opinions what should be done upon it the most of them were very shy in the matter and he who had first spoken of it and sent the Informer seemed wonderfully troubled that it was Communicated so publickly by which it was evident he had in the intimation some Designe either upon that Honourable Person or his Master of which he hoped to have made another use The Secretary immediately after he had received the intelligence sent an Expresse to His Majesty with the account and that he intended forthwith to impart it to the Councell since it was no hard matter to guesse what was meant by those who were privy to it and therefore desired His further pleasure upon it and finding the swaying part of the Councell at that time unwilling to meddle in it he expected the King's Command and in the mean time only sent a Warrant to apprehend that Papist which could not be done without the diligence and advice of the Informer who only knew where he was and whom he required to assist The same or the next day the King returned His positive and expresse Command That the Lords of His Councell should use all possible Industry and diligence in the examination and leave no way unattempted for the full discovery which Command was immediately delivered by the Secretary to their Lordships who thereupon gave some directions but those Lords who desired to conceale them knowing onely who the Authors were though a formall Order was given for the enquiry no further discovery was made or any avowed Discourse of it till this Declaration It being then said privately amongst themselves that the time was not yet come that they might make use of that matter This is too much to be said upon the occasion of this most impossible Calumny and Scandall which hath never nor can make impression upon any sober honest understanding except to beget a horrour against the Contrivers of it And all true English hearts will so far resent it as to expresse a detestation of the Authours who being drunk with the bloud they have spilt and confounded with the sense of their own wickednesse have by this last impotent Act declared that they are at the bottome of their malice and that by the just judgment of God their wits are as near an end as their Allegiance and that they have no other stock left but of despaire and madnesse to carry them through their impious undertakings 4. The next reproach is the businesse of Rochel and that His Majesty let divers of the Navy Royall and other Merchant Ships to be imployed against those whom he was engaged to have assisted and the King's Letter to Captain Penington which they say they can shew under his own hand and that hereby Rochel was betrayed Though the age quality and education of most of those who consented to this Declaration will not admit a Supposition that they knew much of the transaction of this matter yet there are some amongst them who might well have remembred that there was only one Ship of the Navy Royall the Vantguard lent by His Majesty to the French King and that the same was returned long before Rochel was besieged and neer if not full two years before it was rendered and therefore it would not be very easie to prove that it was lost much lesse betrayed by that Action or that the Ships were imployed against those whom His Majesty was engaged to have assisted But because much unskilfull discourse hath been of this Argument to the prejudice of the King and many wel-meaning people have been too credulous in it without considering that Actions of that nature between great Princes are grounded upon deep reasons of State above the apprehension of vulgar understandings and that the King upon this new alliance having at the same time a Warre with Spaine had great reason to gratifie France in all
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
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
to Our promise to Our Scotch Subjects with which they were well acquainted to repair into Our Kingdome of Scotland to settle the unhappy differences there Upon this We were earnestly desired by both Our Houses of Parliament to defer Our journey thither as well upon pretence of the danger if both Armies were not first Disbanded as that they had many good Lawes in readinesse for the setling of differences here We were by their intreaty perswaded to defer Our journey to a day agreed on by themselves c. Which relation at large of what followed may satisfie all men of His Majesties extraordinary complyance and when He went He left such a Commission behind him as was agreeable to Law and sufficient to prevent any inconveniences which might arise in His absence whereas That desired by them being to consent to all Acts they should passe before He returned was so monstrous illegall and unheard-of that they were themselves ashamed to presse it farther and rested satisfied with that which His Majesty granted nor does it appeare that there was in any time before any issued out by the means of Secretary Windebanke of a larger extent or that was not agreeable to Law and the policy of that time 15. Now succeeds the high Charge of the businesse of Ireland as if they hoped to perswade the people that the King is accessary to a Treason and Rebellion against Himself and that in a time when there were so great distractions in two of His Kingdoms He should Himself put the third into a flame that so He might have none to help Him to quench the fire that was kindled in the other the particulars out of which this grand Charge is compounded shall be severally examined They who have used no kind of conscience or civility in the publishing all Letters of His Majesties by what ill means soever the same have come into their hands which they imagined might by the simplicity and weaknesse of the people or the most malitious glosses and interpretations they could put upon them beget any prejudice to His Majesty cannot be imagined now to conceale any thing that would contribute to their purpose and therefore their not publishing those Letters which they say the King sent into Ireland by the Lord Dillon immediately before the Rebellion is argument sufficient that either there were no such Letters or nothing in them which can in any sense reflect upon His Majesty nor can it find credit with any not malitiously and stupidly sottish that after so many reiterated infusions into the people by their severall Declarations that the Rebels of Ireland avowed that they had a Commissiion under the great Seale of England for what they did It is now inverted into a Commission under the great Seale of Scotland Sealed at Edenburgh when the King was last there when it is knowne He could no more have affixed that Seale in whose hands soever it was to any such Instrument if He had had the will which no Christian believes He had then He can now dispose of that at London of which Commission the world should long since have been informed by the Scots if they could have found a probable ground for the Suggestion And surely these men would have published the Depositions of those who they say have seen it if they had believed them such as would find credit amongst men What was promised to the Irish Committee at London is like to be much better known to the Authours of this Declaration then to His Majesty the greater part whereof being Papists and since Active Rebels having during their stay in London so great an interest in the powerfull and active Members there that they were able to prevaile with them to interpose in the affairs of that Kingdome in such manner as they desired and very probably then laid the foundation and designe of their future Rebellion upon the principles they then saw introduced and countenanced here By the earnest advice and importunate interposition of some of those principall Members they prevailed that after the death of the Lord Deputy Wansford no such person might be appointed temporarily to succeed as was like by his power and vigilance to prevent the wickednesse they intended and if the King gave away or promised them more then five Counties it was not upon their private mediation but their publique addresse according to their instructions from the Parliament after the House of Commons had made the recovery of and intit'ling His Majesty to those Counties a particular Article of their Impeachment against the Earle of Strafford and so blemished His Majesties just and legall interest and what His Majesty did thereupon was by the full and deliberate advice of His Councell Board according to usuall forms observed in the affairs of that Kingdome It is very probable that His Majesty might think Himself at that time oppressed by the two Houses of Parliament as He had great cause but that He should expresse so much and wish that He could be revenged on them to or before that Committee whom at that time He had reason to believe to be combined with the other is more then very unlikely The not Disbanding the Irish Army is next remembred and indeed ought not to be forgotten the not seasonably disposing that body giving no doubt a great rise and contributing much to the Rebellion that shortly after brake out but where the fault of that was is as evident That Army was justly and prudently raised when the intention in Scotland was clearly known to invade England and with a purpose to restraine or divert that expedition and if need were to reduce that Kingdome to their Allegiance which was the sense and could be no other of those words charged upon the Earl of Strafford if any such words were spoken And after the Scots Army was entred England it was no wonder if the King were not forward to Disband that Army till He could discerne that the other did in truth intend to return and He no sooner was confident of the one then He resolved the other but then He wisely considered that the Disbanding such a body at that time when so much licence was transplanted out of this into that Kingdome was not so like to contribute to the peace of it as the transporting them and therefore His Majesty agreed with the Spanish Ambassadour that he should have leave to transport three or four thousand of them for his Masters service which was no sooner known but the Irish Committee then at London who it may be had otherwise design'd the service of those men prevailed with the House of Commons to interpose and hinder the execution of that Agreement who principally upon consideration of the umbrage the Crowne of France might take at such an assistance given to Spaine pressed the King to revoke that grant and to consent to the Disbanding That objection was easily answered by His Majesty having agreed likewise with the French Ambassadour that
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
which might get credit amongst some desired that they might have twenty Proclamations sent over signed by the King's signe Manuall to the end that besides the printed Copies which they would disperse according to custome they might be able to send an Originall with the King's hand to it to those considerable persons whom they might suspect to be misled by that false rumour who when they saw the King 's very hand would be without excuse if they persisted This Letter and desire from the Lords Justices and Councell was communicated at the Councel Board and the resolution there taken that they should have double the number they desired signed by the King and because the ingrossing so many Copies would take up more time directions were given for the printing forty Copies all which were signed by His Majesty and with all possible speed dispatched into Ireland and the caution that there should be no more printed then were sent away thither was very necessary left the Rebels by having notice of it should find some device to evade the end for which they were sent and be prepared to defend their old or raise some new scandall upon His Majesty besides that there was no imaginable reason why any more should at that time be printed in London What was written from Court to the Lord Muskery that His Majesty was well pleased with what He did cannot reflect upon His Majesty nor had the person who is supposed to have written such a Letter whom they have in former Declarations declared to be the Lord Dillon who expresly denied the ever writing any such Letter any place or relation at Court and the King had good reason long after to write to the Marquesse of Ormond to give particular thanks to Muskery and Punket They having bin both at Oxford imployed by the Irish to His Majesty during the Cessation and having made there such professions of their endeavours to reduce the other to reason as might merit His Majesties thank and acknowledgment which His Majesty hath been as forward to give to such of the Rebels here as have expressed any moderation or inclination to return to their obedience and yet He was never well pleased with what they have done nor can give them thanks for it For the delaying and detaining the Earle of Leicester beyond all pretence from going against the Rebels it is wel known how often his Majesty pressed the Houses that he might be dispatched and sent away and that it was one of the reasons which His Majesty gave in His Answer to the Petition of both Houses of the 28. of April of His resolution to go in Person into Ireland because the Lord Lieutenant on whom He relied principally for the Conduct and managing of affairs there was still in this Kingdome notwithstanding His earnestnesse expressed that He should repair to his Command after which it was neer three Months before any preparation was made for his journey and then about the end of July or beginning of August his Lordship came to the King at Yorke to receive his instructions pretending to have his dispatch so fully from the two Houses that he would return no more thither but as soon as he could have His Majesties Command he would immediately to Chester and imbarke This being about the time that the King was preparing Forces for His defence against the Earle of Essex the Earle was detained about a Month before he could receive his instructions and all those dispatches that were necessary and then he took his leave of His Majesty with profession of going directly to Chester but either by command or inclination that purpose was quickly altered and his Lordship returned to London where he was detained full two Months longer and then was Commanded expresly by the Houses to repair to Chester and not to wait on the King in his way though His Majesty being then at Oxford he could not avoid performing that duty but by avoiding the ordinary road when the King heard of his being at Chester where he expected the Ships that were to transport him above three Weeks and that there was no other force in readiness to be sent with him but his own retinue those Regiments of Foot and Troups of Horse which had been raised for that Service having been imployed against His Majesty at Edge-hill and being still kept as a part of the Earle of Essex his Army and that there were none of those provisions or mony to be now sent over which had been importunately desired by the Councell of that Kingdome His Majesty considered that the Rebels having been kept in some awe with the apprehension of the Lord Lieutenant's comming over with all such supplies as were necessary to carry on the War the assurance whereof had likewise kept up the spirits of the Protestants there if he should now arrive there in so private a manner without any addition of a strength or provision for the supply of that strength that was there it would bring at the same time the greatest affliction and dis-heartning to his Protestant Subjects that could be imagined and an equall incouragement to the Rebels and therefore His Majesty sent for him to Oxford till he might receive better satisfaction from the Houses concerning their preparations for that Kingdom So that by whom the Earle of Leicester was delaied and detained the world may judge The Kings refusall of a Commission for the Lord Brooke and Lord Wharton hath been long since Answered by His Majesty the truth of which Answer was never yet denied or replied to That the Forces to be under their Command were raised before His Majesties Commission was so much as desired And then the Commission that was desired should have been independent upon His Majesties Lieutenant of that Kingdome and therefore His Majesty had great reason not to consent to it And how reasonably those persons were to be trusted with such a Command may be judged by their bringing those very Forces which were raised for the relief of the poor Protestants of Ireland against the Rebels there to fight against the King at Edge-hill within a very short time after those Commissions were desired They say they have long since named divers Papists and persons of quality that by the Kings speciall Warrants after the Ports were shut by both Houses of Parliament passed hence and headed the Rebels when they wanted Commanders Examine the truth of this which all men who will take the pains may be judges of His Majesty taking notice of the effect of this Charge to be spoken by Master Pim at a Conference with the Lords about the beginning of February 1641. the Speech being printed by His Message of the 7. of that Month to the House of Commons required to know whether such a thing had been said and if so upon what ground His Majesty being sure He had used all caution in the granting of Passe-ports into Ireland The Commons answered that the Speech delivered
two Houses then to the King and were more owned by them who tooke speciall care for their Accommodation By what is said it sufficiently appears how unjust and unreasonable all the particular Scandals are with relation to the businesse of Ireland in which His Majesty how impudently soever He hath been aspersed never did any or omitted the doing any thing but according to those rules which are most justifiable before God and man it were to be wished that the two Houses of Parliament had but as well performed their duty and obligations but it cannot be forgotten that neer the beginning of this Rebellion when the Houses pretended wonderfull difficulty to raise men for that Service and when a seasonable supply would utterly have broken and defeated the Rebels the King sent a Message to them on the 28 of December 1641. That His Majesty being very sensible of the great miseries and distresses of His Subjects in the Kingdome of Ireland which daily increased and the bloud which had been already spilt by the cruelty and barbarousnesse of those Rebels crying out so loud and perceiving how slowly the succours designed thither went on His Majesty Himself would take care that by Commissions which He would grant ten thousand English Voluntiers should be speedily raised for that service if the House of Commons would declare that they would pay them which offer from His Majesty was rejected and no considerable supplies sent till they had compelled His Majesty to consent to such a Bill for Pressing as might devest and rob Him of a necessary and legall power inherent in His Crowne Nor can it be forgotten that they reserved those men which were raised for Ireland and would not otherwise have been engaged in their Service but on that pretence and brought them to fight against His Majesty at Edge-hill and afterwards retained them still in their Service That they imployed the mony raised by Act of Parliament for the relief of Ireland and with a particular caution that it should be imployed no other way for the support and maintenance of that Army led by the Earle of Essex against the King and that from the beginning of the Rebellion in England though they received vast sums of mony raised only for Ireland they never administred any considerable supply thither that they could apply to the advancement of their owne Designes at home against the King These particulars of which kind every man may call to mind many more nor their notable compliance with the Irish Committee when they came first over are remembred to imply that the two Houses of Parliament were guilty of raising the Rebellion in Ireland otherwise then by their principles and proceedings in diminution of the King 's soveraigne power or that they cherished it after it was begun otherwise then by not wisely and vigorously endeavouring to suppresse it before it spread so universally but that which may be justly laid to their charge is their affecting and grasping the power of carrying on that War which so great a body is not fit for their imprudent and unpolitique declaring an animosity against the whole Nation and even a purpose for their utter extirpation and disposing their Lands to those who would be adventurers for it which Act and Declaration it is known drove many into open Rebellion who were not before suspected or at least declared to be affected to the Rebels and lastly their giving all their minds up to the kindling that horrid and monstrous rebellion here rather then to the extinguishing the other in Ireland 16. Next succeeds the Charge against the King for the unusuall preparation of Ammunition and Armes upon His return from Scotland with new Guards within and about White-hall the Fire-works taken and found in Papists houses the Tower filled with New guards Granadoes and all sorts of Fire-works Morters and great pieces of Battery the dis-placing Sir William Balfore and placing other Officers who were suspected by them and the whole City Not to speak of the entertainment they provided for the King against His return out of Scotland when in stead of thanking Him for having passed so many good Acts of grace and favour to them that there was no one thing more that the Kingdome could reasonably aske from Him or requisite to make them the most happy Nation of the world They presented Him a Remonstrance as they called it of the State of the Kingdome laying before Him to use His Majesties own words and publishing to the world all the mistakes and all the mis-fortunes which hapned from His first comming to the Crowne and before to that houre forgetting the blessed condition all His Subjects had enjoyed in the benefit of peace and plenty under His Majesty to the envy of Christendome Not to speak of the licence then used in language when upon debate of some pretended breach of Order one of the principall Promoters of this Declaration publickly said in the House of Commons without controle that their Discipline ought to be severe for the enemy was in view when the King was come within one daies journey of the City His Majesty found a band of Souldiers entertained to guard the two Houses of Parliament which as it had bin never known in age before in that manner so there was not now the least visible cause for it but that there had been a Plot in Scotland against the persons of the Marquesse of Hamilton and Argyle and therefore there might be the like upon some principall Members here Upon the King's return the Earl of Essex resigned up the Commission with which he had been intrusted by His Majesty during His absence to preserve the peace of the Kingdome and thereupon that Guard which was drawn together by vertue of that authority in that Earle was dissolved with it The King came then to White-hall and for what passed afterward heare in His owne words in His Declaration of the 12. of August Great multitudes of mutinous people every day resorted to Westminster threatned to pul down the lodgings where divers of the Bishops lay assaulted some in their Coaches chased others with Boats by water laid violent hands on the Arch-bishop of Yorke in his passing to the House and had he not been rescued by force it is probable they had murdered him crying through the streets Westminster-hall and between the two Houses No Bishops no Bishops no Popish Lords and mis-used the severall Members of either House who they were informed favoured not their desperate and seditious ends proclaiming the names of severall of the Peers as evill and rotten-hearted Lords and in their return from thence made stand before Our gate at White-hall said they would have no more Porters Lodge but would speak with the King when they pleased and used such desperate rebellious discourse that We had great reason to believe Our owne Person Our Royall Consort and Our Children to be in evident danger of violence and therefore were compelled at Our
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
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
His Majesties Person Crowne and Dignity together with His Majesties just and legall Prerogative against all persons and power whatsoever and that they would not obey any rule Order or Ordinance whatsoever concerning any Militia that had not the Royall assent The first Commission of Array issued out some daies before this Profession and Protestation made by His Majesty and therefore cannot be said to be against it and above three Months after the passing the illegall and extravagant Ordinance for the Militia and after that Ordinance was executed in many parts of the Kingdome notwithstanding His Majesties Proclamation of the illegality and treason of it when He had desired them to produce or mention one Ordinance from the first beginning of Parliaments to this very Parliament which endeavoured to impose any thing upon the Subject without the King's consent of which to this day they never gave or can give one instance The Commission it self of Array is according to Law and so held to be at this time by most learned Lawyers and was so declared to be by Mr. Justice Hutton in his Argument in the Exchequer Chamber in the case of Mr. Hambden The Letter which they say they can produce under His Majesties owne hand to Sir John Heydon Lieutenant of the Ordnance of the 20 of June 1642. is no way contrary to His Majesties professions such as His Majesty in that ill time was necessarily to write being to a sworn Officer and Servant of His owne to send such of His own Goods to Him as were in His custody and which His Majesty so reasonably might have occasion to use and if He wished it might be done privately it is only an instance of the wickednes of that time that the King was forced to use art and privacy to get what belonged to Him lest He might be robbed by those who nine daies before the date of this Letter had published Orders to intercept whatsoever was going to Him His Majesty required not any subscription for Plate Horses or Armes till many daies after they had published their Propositions to that purpose received great sums of mony and vast quantities of plate upon those Propositions against which His Majesty writ His Princely Letter to the City of London on the 14 of June and two daies after published a Declaration with the testimony and evidence of all the Peers with Him in which He said That if notwithstanding so clear declaration and evidence of His intentions these men should think fit by those Alarums to awaken Him to a more necessary care of the defence of Himself and His people and should themselves in so unheard-of a manner provide and seduce others to do so too to offend His Majesty having given Him so lively testimony of their affections what they were willing to do when they should once make themselves able all His good Subjects would think it necessary for His Majesty to look to Himself and He did then excite all His wel-affected people according to their Oaths of Allegiance Supremacy according to their solemn Vow and Protestation whereby they were obliged to defend His Person Honour and Estate to contribute their best assistance to the preparations necessary for the opposing and suppressing of the trayterous attempts c. And then He would take it as an acceptable Service if any person upon so urgent and visible a necessity of His Majesty and such an apparent distraction of the Kingdome would bring in to Him or to His use Mony or Plate or would furnish Horse or Armes c. This was the time and the manner of His Majesties requiring subscription for Plate Horse and Armes which these men impute to Him They say the King raised a Guard of Horse and Foot about Him and by them did not only abuse their Committees sent to Him beat their publique Officers and Messengers protect notorious Papists Traytors or Felons such as Beckwith and others from the Posse Comitatus but also with those guards Cannon Arms from beyond Sea did attempt to force Hull in an hostile manner and that within few daies after that solemn Protestation at Yorke All which suggestions must be particularly examined The raising the King's Guard was on this occasion and in this manner The King residing with His Court at the City of Yorke and being pressed by both Houses of Parliament to consent that His Magazine at Hull might be removed from thence for the better supplies of the necessities for Ireland to the Tower of London which for many reasons He thought not convenient His Majesty resolved to go Himself in Person to His Town of Hull to view His Arms and Munition there that thereupon He might give directions what part thereof might be necessary to remaine there for the security and satisfaction of the Northerne parts the principall persons thereof having petitioned Him that it might not be all removed and what part might be spared for Ireland what for the arming the Scots who were to go thither and what to replenish His chiefest Magazine the Tower of London and going thither on the 23 day of April 1642. He found all the Gates shut against Him and the Bridges drawn up by the command of Sir John Hotham who flatly denied His Majesties entrance from the Walls which were strongly manned and the Cannon mounted thereon and planted against the King His Majesty having in vaine endeavoured to perswade Sir John Hotham and offered to go in with twenty Horse because he alleaged His retinue was too great was at last compelled to returne to Yorke after He had proclaimed Hotham Traytor which by all the knowne Lawes he was declared in that case to be The next day the King sent a Message to the Houses to require justice upon Sir John Hotham to which they returned no Answer till above a fortnight after in the mean time they sent down some of the choice Members to Hull to give Sir Iohn Hotham thanks for what he had done and to assure him that they would justifie him in it and others into Lincoln-shire with directions to their Deputy Lieutenants and all other Officers to assist him if he were in any distresse and then they sent some other Members as their Committee to Yorke with their Answer to the King in which they told Him That Sir John Hotham could not discharge the trust upon which nor make good the end for which he was placed in the Guard of that Towne and Magazine if he had let in His Majesty with such Counsellours and company as were then about Him and therefore upon full resolution of both Houses they had declared Sir John Hotham to be clear from that odious crime of Treason and had avowed that he had done nothing therein but in obedience to the commands of both Houses whereas in truth though they had presumed against law and right to send him thither and constitute him Governour for a time of that place there was
no word in his Commission or instructions implying the least direction not to suffer His Majesty to come thither but on the contrary the pretence was for His Majesties especiall service His Majesty made a quick reply to this strange Answer and delivering it to their Committee wished them to return with it to the Houses which they refused telling Him That they were appointed by the Parliament to reside at Yorke but they would send His Answer to Westminster It would be too long in this place and might be thought impertinent to consider whether this custome of sending Committees to be Lieger in the Counties which began at this time be agreeable to law and the just regular power of the Houses for as the like will not be found in the Presidents of former Parliaments so it may be reasonably believed that that Councell which is called by the Kings Writ to assemble at Westminster can no more appoint some of their Members to reside at Yorke or in any other place then they can adjourn themselves thither and it seems against right that those Deputies which are sent by the Counties or Cities to be present on their behalfs in the House of Commons at Westminster may be sent to another place by which they whom they represent are without any Members there Upon this Answer of the Committee as unexpected as the other from the Houses and the other acts done in this conjuncture as the sending another Committee to Hull another into Lincoln-shire all to perswade the people to approve of what Sir Iohn Hotham had done and to assist him if there were any occasion the King began very justly to apprehend a designe upon His owne Person and then and not till then resolved and declared His resolution to have a Guard to secure His Person that Sir Iohn Hotham might not as His Majesty said by the same forces or more raised by pretence of the same authority for he raised some daily continue the War that he had leavied against Him and as well imprison His Person as detain His goods and as well shut His Majesty up in Yorke as shut Him out of Hull This Guard was hereupon raised with the advice of the principall Gentlemen of that County and consisted of one Regiment of their Traine bands commanded by the proper Colonel who was one of the prime Gentlemen of fortune and reputation there and one Troup of Horse which had the honour of being called the Prince of Wales his Troup commanded by the Earle of Cumberland and consisting of near one hundred most if not all of them of the Gentry of that Shire and that the rumour scandall and imputation of entertaining Papists might be clearly answered there was neither Officer or Souldier of the Regiment or Troup who did not take the Oath of Allegiance and Supremacy and they were punctually payed by the King that there might be no complaint on any side This was the Guard the occasion and manner of leavying it full five Months after the two Houses against Law or President and without the least probable colour of danger had raised a greater Guard for themselves under the command of their new Officer Skippon after they had besieged the Tower and compelled the King to commit the government of it to a man of their own nomination and election after they had put a Governour and Garrison into Hull and that Governour and Garrison kept His Majesty out of the Towne after they had in defiance of His Majesty and against His expresse pleasure signified to them put His Royall Navy into the hands and under the command of the Earle of Warwick after they had in many Counties executed the Ordinance of the Militia and after they had brought the danger to His Chamber dore by their Orders to the very Sheriffe of Yorke-shire to assist Sir John Hotham and imploying their Committee there to the same purpose For abusing the Committees sent to His Majesty they should and no doubt if it had been in their power they would have mentioned one particular abuse offered to them it is very well known that they had all freedome and respect albeit His Majesty well knew the ill and seditious offices they did there and though they appeared publickly at all meetings and when His Majesty proposed any thing to the County they produced their instructions and disswaded the County from complying with His just desires the suffering and induring whereof might more reasonably be imputed to the King then any ill usage they received of which their owne Letters printed by Order will be sufficient testimony and when the King went from Yorke towards Nottingham after He had declared by His Proclamation that He would erect His Royall Standard the Lord Fairfax being one of that Committee by some accident of sicknesse continuing still at his house in that County albeit the King well knew the dis-service he had done Him and that the keeping him in prison might prevent much more that he was like to do Him yet since He had received him there as a Member imployed from the Parliament and that his returne thither was hindred by an indisposition of health he would not suffer him to be apprehended but left him un-disquieted or disturbed to recollect himself and to revolve His Majesties goodnesse So far was that Committee or any Member of it from being abused whatsoever they deserved The next instance of the King's breach of His Protestation or doing somewhat against it is the beating their publique Officers and Messengers and protecting notorious Papists Traytors Felons such as Beckwith and others from the Posse Comitatus since there is no other named it may be supposed that this is the only or most notorious example of that protection and therefore it will be fit to examine what the Case of this man was This Gentleman Mr. Beckwith whether a Papist or no is not materiall lived in Beverly whither His Majesty came that night after Sir John Hotham had refused to suffer Him to come into Hull and was utterly unknown to His Majesty but had the just sense an honest Subject should have of the indignity offered to his Soveraigne and the mischiefe that might befall that County and Kingdome by this rebellious act and was forward to expresse as most of the Gentlemen of that County were a desire to repaire His Majesty and to prevent the inconveniences which were otherwise like to follow He had in the Towne of Hull a Son-in-law one Fookes who was a Lieutenant of a Foot Company in that Garrison whom he supposed being only drawn in with the Traine bands not malitiously engaged in the purpose of Treason and therefore as well to preserve a man who was so near to him innocent as for other respects to his King and Country he sent for him to come to him to his house which the other there being then no intercourse hindred on either side did and upon discourse fully sensible of the unlawfulnesse of
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
Propositions passed by the Lords for Peace which if allowed would be destructive to Religion Laws and Liberties and therefore desired an Ordinance according to the tenour of an Act of their Common Councell the night before Thanks were given by the Commons whilst the Lords complained of the Tumults and desired a concurrence to suppresse them and to prevent the like many of the people telling the Members of both Houses that if they had not a good Answer they would be there the next day with double the number by these threats and this violence the Propositions formerly received were rejected and all thoughts of Peace laid aside and then surely the freedome of Parliament was as much taken away as on the 26 of Iuly last In a word when the Members of both Houses were compelled to take that Protestation to live and die with the Earle of Essex and some imprisoned and expelled for refusing to take it when they were forced to take that sacred Vow and Covenant of the 6 of Iune 1643. by which they swore that they would to their power assist the Forces raised and continued by both Houses of Parliament against the Forces raised by the KING when they were compelled to take the last solemn League and Covenant that Oath Corban by which they conceive themselves absolved from all obligations divine and humane as their Predecessours the Jewes thought they were discharged by that though they had bound themselves not to help or relieve their Parents and lastly when the Army marched to London in the beginning of August last in favour of the Speakers and those Members who had resorted to them and brought them back to the Houses and drove away some and caused others of the Members of a contrary Faction to be imprisoned and expelled the Houses the liberty and freedome of Parliament was no lesse violated and invaded then it was on the 26 of Iuly last Upon these reasons and for want of the freedome so many severall waies taken from them those Lords and Commons who attended his Majesty at Oxford had withdrawne themselves from Westminster and might then as truly and more regularly have said what the Army since with approbation and thanks have said on the 22 of Iune last That the freedome of this Parliament is no better then that those Members who shall according to their consciences endeavour to prevent a War and act contrary to their waies who for their owne preservation intend it they must do it with the hazard of their lives which being a good reason for those lately to go to St. Albons or Hounslow heath cannot be thought lesse justifiable for the other to go to Oxford Since this objection of calling the Members of Parliament to Oxford is not of waight enough to give any advantage against his Majesty to His Enemies they endeavour to make their entertainment and usage there very reproachfull with His friends and would perswade them to believe themselves derided in that expression of the Kings in a Letter to the Queen where He calls them a Mungrell Parliament by which they infer what reward His own Party must expect when they have done their utmost to shipwrack their faith and conscience to his will and tyranny Indeed they who shipwrack their faith and conscience have no reason to expect reward from the King but those Lords and Gentlemen who attended his Majesty in that convention well know that never King received advice from His Parliament with more grace and candor then his Majesty did from them and their consciences are too good to think themselves concerned in that expression if his Majesty had not Himself taken the pains to declare to what party it related besides it is well known that some who appeared there with great professions of loyalty were but Spies and shortly after betrayed his Majesties service as Sir John Price and others in Wales and some since have alleaged in the House of Commons or before the Committee for their defence to the Charge of being at Oxford at that Assembly That they did the Parliament more service there then they could have done at Westminster So that the KING had great reason to think He had many Mungrels there 23. The last Charge is the making a Pacification in Ireland and since that a Peace and granting a Commission to bring over ten thousand Irish to subdue the Parliament and the rebellious City of London and the conditions of that peace That loud clamour against the Cessation in Ireland was so fully clearly answered by the King's Cōmissioners at the Treaty at Uxbridge that there can no scruple remain with any who have taken the pains to read the transactions in that Treaty it plainly appears that the King could not be induced to consent to that Cessation till it was evident that His Protestant Subjects in that Kingdome could not be any other way preserved The Lords Justices and Councell of that Kingdome signified to the Speaker of the House of Commons by their Letter of the 4 of April which was above six Months before the Cessation That his Majesties Army and good Subjects there were in danger to be devoured for want of needfull supplies out of England and that His Majesties Forces were of necessity sent abroad to try what might be done for sustaining them in the Country to keep them alive till supplies should get to them but that designe failing them those their hopes were converted into astonishment to behold the miseries of the Officers and Souldiers for want of all things and all those wants made insupportable in the want of food and divers Commanders and Officers declaring they had little hope to be supplied by the Parliament pressed with so great importunity to be permitted to depart the Kingdome as that it would be extreame difficult to keep them there and in another part of that Letter they expressed that they were expelling thence all Strangers and must instantly send away for England thousands of poor dispoyled English whose very eating was then insupportable to that place that their confusions would not admit the writing of many more Letters if any for they had written divers others expressing their great necessities And to the end His Majesty and the English Nation might not irrecoverably and unavoidably suffer they did desire that then though it were almost at the point to be too late Supplies of Victuall and Ammunition in present might be hastened thither to keep life untill the rest might follow there being no Victuall in the Store nor a hundred Barrels of Powder a small proportion to defend a Kingdome left in the Store when the out-Garrisons were supplied and that remainder according to the usuall necessary expence besides extraordinary accidents would not last above a Month and in that Letter they sent a Paper signed by sundry Officers of the Army delivered to them as they were ready to signe that dispatch and by them apprehended to threaten imminent danger which mentioned that
they were brought to that great exigent that they were ready to rob and spoile one another that their wants began to make them desperate That if the Lords Justices and Councell there did not find a speedy way for their preservation they did desire that they might have leave to go away that if that were not granted they must have recourse to the law of nature which teacheth all men to preserve themselves The two Houses who had undertaken to carry on that War and received all the Mony raised for that Service neglecting still to send supplies thither the Lords Justices and Councell by their Letters about the middle of May advertised the King That they had no Victuall Cloths or other provisions no Mony to provide them of any thing they want no Armes not above forty Barrels of Powder no strength of serviceable Horse no visible means by Sea or Land of being able to preserve that Kingdome And by others of the 4 of Iuly that his Armies would be forced through wants to disband or depart the Kingdome and that there would be nothing to be expected there but the instant losse of the Kingdome and the destruction of the remnant of his good Subjects yet left there This was the sad condition of that miserable Kingdome to whose assistance his Majesty was in no degree of Himself able to contribute and His recommendation and interposition to the two Houses whom He had trusted was so much contemned that when upon their Order to issue out at one time one hundred thousand pounds of the Monies paid for Ireland to the supply of the Forces under the Earl of Essex albeit it was enacted by the Law upon which those Monies were raised that no part of it should be imployed to any other purpose then the reducing the Rebels of Ireland His Majesty by a speciall Message advised and required them to retract that Order and to dispose the Monies the right way the necessities of Ireland being then passionately represented by those upon the place they returned no other satisfaction or Answer to his Majesty but a Declaration That those directions given His Majesty for the retracting of that Order was a high breach of priviledge of Parliament When His Majesty perceived that no assistance was or was like to be applied to them and that the Enemy still increased in strength power He referred the consideration and provision for themselves to those whose safeties and livelyhoods were most immediately concerned and who were the nearest witnesses of the distresses and the best Judges how they could be borne or how they were like to be relieved and so with the full advice and approbation of the Lords Justices and Councell there and concurrent opinion of all the chief Officers of the Army that Cessation was made by which onely the Protestants in that Kingdome and His Majesties interest there could at that time have been preserved Of this Cessation neither His Majesties good Subjects in that or this Kingdom have reason to complain Examine now the peace which they say was afterwards made on such odious shamefull and unworthy conditions that His Majesty Himself blushed to owne or impart to His owne Lieutenant the Earle of Ormond but a private Commission was made to the Lord Herbert to manage it Whilst the King had any hope of a tolerable peace in this or a probable way of carrying on the War in that Kingdome He never gave a Commission to conclude a peace there and it plainly appears by the relation of the Treaty at Uxbridge to the truth of which there hath not been the least objection the Acts of the Commissioners of both sides being extant that there was no expedient proposed though desired often on the King's party for the proceeding in that War but that His Majesty would quit absolutely all His Regall power in that Kingdome and so put all His Subjects there English and Irish out of His protection into that of the two Houses of Parliament here who at the same time were fighting for the same Supremacy in this and who had at the same time disposed a greater power thereof to the Scots then they reserved to themselves it concerned the King then in piety and policy in His duty to God and man to endevour to preserve that Kingdom by a peace which He could not reduce by a war and to draw from thence such a body and number of His own Subjects as might render Him more considerable to those who having put off all naturall allegiance and reverence to his Majesty looked only what power and strength and not what right He had left The peace that was concluded was upon such tearms and conditions as were in that conjuncture of time just and honourable and when it could not be continued without yeilding to more shamefull and lesse worthy conditions the Marquesse of Ormond his Majesties Lieutenant of that Kingdome who had the sole and intire authority from his Majesty to conclude a peace and against whom all their envy and all their malice hath not been able to make the least objection best knowing his Masters mind chose rather to make no peace and to trust providence with his Majesties Rights then to consent to such Propositions nor had the Lord Herbert ever any Commission to make a peace there but being a person whose loyalty and affection to his service the King had no reason to suspect and being of the same Religion with the Enemy might have some influence upon them was qualified with such a testimony as might give him the more credit amongst them to perswade them to reason His restraint and commitment was very reall by the whole Councell board there though when it appeared that his errors had proceeded from unskilfulnesse and unadvisednesse and not from malice he was afterwards inlarged by the same power The unnaturall conclusions and inferences these men make from what the King hath said or done applying actions done lately to words spoken seven years before cannot cast any blemish upon the Kings Religion which shines with the same lustre in Him as it did in the primitive Martyrs and even those Letters taken at Nazeby which no wise Rebel or gallant Enemy would have published will to posterity appear as great Monuments of His zeale to the true Protestant Religion in those straits in which He was driven by those who professed that Religion as any Prince hath left or have been left by any Prince since Christianity was imbraced And if that Religion should prosper with lesse vigour then it hath done and the Christian and Pagan world have lesse reverence towards it then they have had these Reformers may justly challenge to themselves the honour and glory of that declension and triumph in the reproaches they have brought upon the most Orthodox Church that hath flourished in any age since the Apostles time These Charges and reproaches upon the King which have been now particularly examined and answered and of which
of Reading whilst the Earl of Essex continued still at or about Warwicke on the 2 of November they resolved to send an Overture to his Majesty concerning Peace and though it must not be said they were forced to that Addresse yet truly who ever reads that Petition which was brought to his Majesty to Colebrooke will be of opinion by the stile of it that they were fuller of fear or of duty then they were when they rejected his Majesties offer from Notingham or then they were ten daies after or ever since That Petition was answered with all imaginable candor by his Majesty and Windsor chosen if they would remove their Garrison out of it for the place of Treaty But when the Messengers were returned who made not the least mention of a Cessation it appeared by sure intelligence that the Earl of Essex who had the night before brought his Army to or neer London after those Messengers were dispatched to his Majesty had drawn a great part of his Forces and the London Traine bands towards his Majesty and sent others to Acton on the one side and Kingston on the other so that there being likewise a Garrison at Windsor if the King had staid at Colebrooke He had been insensibly hemmed in and surrounded by the Enemy whereupon He took a sudden resolution to advance to Brainceford thereby to compell them to draw their Body together so making His way through that Towne with the defeat of a Regiment or two which made resistance there and thereby causing those at Kingston to remove the King went to His own House at Hampton Court and having there in vaine expected the Commissioners from the Houses to Treat retired to Reading where He staid till He found they had given over all thought of Treaty and they sent Him a new scornfull Petition to returne to His Parliament with His Royall not His Martiall attendance In January following the importunity of the City of London and generall clamour of the people forced them to pretend an inclination to peace and so they sent Propositions to his Majesty which though but 14 in number contained the whole matter of the former 19. with an addition of some Bils ready passed the two Houses to which His royall assent was demanded one of which was for the extirpation and eradication of the whole frame of Church-government and another for the confirming an Assembly of such Divines as they had chosen to devise a new Government which they were so much the fitter to be trusted with because in the whole number which consisted of above one hundred and might be increased as they thought fit there were not above a dozen who were not already declared Enemies to the old to the which notwithstanding there were few of them who had not subscribed and a promise required from his Majesty that He would give His assent to all such Bils which the two Houses should hereafter present to Him upon consultation with that Assembly How extravagant soever these Propositions were the King so much subdued and suppressed His Princely indignation that He drew them to a Treaty even upon those Propositions expecting as He expressed in His Answer when He proposed the Treaty that such of them as appeared derogatory from and destructive to His just Power and Prerogative should be waved and many other things that were darke and doubtfull in them might be cleared and explained upon debate and concluding that if they would consent to a Treaty they would likewise give such authority and power of reasoning to those whom they should trust that they might either give or take satisfaction upon those principles of piety honour and justice as both sides avowed their being governed by How that Treaty was managed how their Commissioners were limited and bound up by their Instructions that they had no power to recede from the least materiall tittle of the Propositions upon which they treated how they were not suffered to stay one houre beyond the time first assigned to them albeit his Majesty earnestly desired the Treaty might be continued till He had received an Answer to Propositions of His owne which He had sent to the Houses because the Committee had no power to answer them and how the same day their Commissioners left Oxford the Earl of Essex marched with his whole Army to besiege Reading is known to all men who may conclude thereupon that they never intended that Treaty should produce a peace On the other side the King proposed only That His Ships might be restored to Him and His Castles and Revenue which by the confession of all had been violently taken from Him and that His Majesty and the Members of both Houses who had been driven from Westminster might either return thither upon such a provision as might secure them against Tumults for the future or that the Parliament might be adjourned to some safe place and so all Armies presently to be disbanded To which Proposition from his Majesty they never vouchsafed to return Answer and the King after He had above a Month in vain expected it from them and in that time received a good supply of Ammunition which He was before thought to want sent another Message by Mr. Alexander Hambden on the 19 of May 1643. in which He told them That when He considered that the scene of all the calamity was in the bowels of His own Kingdome that all the bloud which was spilt was of His owne Subjects and that what victory it should please God to give Him must be over those who ought not to have lifted up their hands against Him when He considered that those desperate civill dissentions might encourage and invite a forain Enemy to make a prey of the whole Nation That Ireland was in present danger to be lost That the heavy judgments of God Plague Pestilence and Famine would be the inevitable attendants of this unnaturall contention and that in a short time there would be so generall a habit of uncharitablenesse and cruelty contracted throughout the Kingdome that even peace itself would not restore His people to their old temper and security His Majesty could not suffer Himself to be discouraged though He had received no Answer to His former Message but by this did again with much earnestnesse desire them to consider what He had before offred which gave so fair a rise to end those unnaturall distractions This most gracious Message from the King met with so much worse entertainment and successe then the former as it was not only ever Answer'd but the Messenger likewise being a Gentleman of quality and singular integrity though he was civilly received by the House of Lords to whom he was directed was by the House of Commons apprehended and imprisoned and never after freed from his restraint till he ended his life after a long and consuming sicknesse This is the Messenger they mean who to excuse their inhumanity and cruelty towards him they say at the
same time he brought a specious Message of renewing a Treaty was instructed how to manage that bloudy Massacre in London which was then designed by vertue of the Kings Commission since published Before any thing be said of that Plot it is known that Gentleman was imprisoned many daies before there was any mention of a Plot and the House of Peers solemnly expostulated the injury done to them in it and in vaine required his inlargement which they would not have done if there had been any other objection against him then the comming without a Passe from their Generall which was never understood to be requisite till the House of Commons very few daies before declared it to be so albeit themselves sent Messengers to the King without ever demanding a Passe Now to the Plot it self They have indeed published a Narration of that Plot which served their turn barbarously to put two very honest men to death and to undoe very many more and it is very probable they made that relation as full and clear as their evidence enabled them to do and yet who ever reads it cannot conclude reasonably that there was ever more in it then a communion between honest men of good reputation and fortunes and desirous of peace how they might be able to discountenance that disorderly rabble which upon all occasions protested against peace by appearing as strong and considerable in numbers as they and which certainly ought to have found as great countenance and encouragement from the Parliament as the other these discourses produced a disquisition of the generall affections of the City and that a more particular computation and estimate of the inclinations of particular men and so mention of severall things which in such and such cases would be necessary to be done and these discourses being by the treachery of a Servant discovered to those who could compound Plots and Conspiracies out of any Ingredients they joyned those and a Commission they had likewise met with together and so shaped a Conspiracy that they used as a Scar-crow to drive away any avowed and publique inclinations for peace the pressing whereof at that time was like to prove inconvenient to them but those discourses and that Commission had not the least relation to each other nor was there one man who was accused of or privy to those discourses whose name was in that Commission or indeed privy to it which had issued out a good time before and was to have been made use of being no other then a fair legall Commission of Array in English if the Kings motion with His Army towards those parts gave the people so much courage to appear for Him nor can there be a sober objection against the Kings granting such a Commission when they had their Ordinances ready upon all occasions to be executed in the Kings Quarters and had named Commissioners for that purpose in all the Counties of the Kingdome But to proceed in the Overtures for peace from the end of the Treaty at Oxford which was in April 1643. they never made one Overture or Addresse to his Majesty towards peace till the end of November 1644. in the mean time what approaches the King made towards it must be remembred After the taking of Bristol when his Majesties strength and power was visible and confessed in the West and in the North and the Enemies condition apparently low and in many of their opinions even desperate the King albeit His last Messenger was still in Prison and no Answer to his Messages by His Declaration of the 30 of June again renewed all the professions and offers He had before made and told them that revenge and bloud thirstinesse had never been imputed to His Majesty by those who had neither left His government or nature un-examined with the greatest boldnesse and malice and therefore besought them to return to their Allegiance what passed from his Majesty himself and from the Lords and Commons at Oxford in March following and with what importunity they desired there might be a Treaty by which some waies means might be found how a peace might be procured and how peremptorily and disdainfully they rejected that desire in their Answer to his Majesty of the 9 of March because the greatest and the greatest number of the Peers of the Kingdome and the greatest part of the House of Commons then with his Majesty at Oxford seemed by Him to be put in an equall condition with them at Westminster though they had been content since to put the Officers of the Army into at least an equall condition with them by treating with them is to be seen and read and needs no repetition In July following which was in the year 1644. after He had routed the best part of Sir William Waller's Army and taken his Cannon his Majesty sent from Evesham another Message to the two Houses to desire them that there might yet be a Cessation and that some persons might be sent to Him with any Propositions that might be for the good of His people and He would condescend to them to which they never returned Answer Two Months after on the 8 of September when He had totally defeated the Army of the Earl of Essex in Cornwall taken all their Cannon Armes and Baggage the King again sent to them that the extraordinary successe with which God had blessed Him in so eminent a manner brought Him no joy for any other consideration then for the hopes He had that it might be a means to make others lay to heart as He did the miseries brought and continued upon this Kingdome by this unnaturall war and that it might open their ears and dispose their minds to imbrace those offers of peace and reconciliation which had been so often and so earnestly made unto them by Him and from the constant and fervent endeavours of which He resolved never to desist and so conjured them to consider His last Message and to send Him an Answer To this Message likewise they never sent Answer and these were the tenders made by his Majesty which they say were never fit for them to receive we shall now proceed to those they thought fit to offer and accuse his Majesty for not accepting On the 23 of November 1644. the Committee from the two Houses brought the Propositions to the King which they say were agreed on by the Parliaments of both Kingdoms not only as just but necessary also for the very being of these Kingdoms in a setled peace and safety And which required his Majesty to resigne up all His Regall power in His three Kingdomes to those who sent those Propositions to take their Covenant and injoyne all others to take it and to sacrifice all His owne Party who had served Him honestly and faithfully to the fury and appetite of those who had cast off their Allegiance to Him and to leave Himself the meer empty name of a King How the twenty daies were afterwards
require to raise what Monies they please and in what way they please All the people of England will say that which the Army said honestly in their Representation agreed upon at Newmarket on the 4 5 of June against the Ordinance of Indempnity We shall be sorry that our relief should be the occasion of setting up more Arbitrary Courts then there are already with so large a power of imprisoning any Free-men of England as this Bill gives let the persons intrusted appear never so just and faithfull Indeed that is asked of his Majesty by this Bill which the King can neither give nor they receive the King cannot give away His Dominion nor make His Subjects subject to any other Prince or power then to that under which they were born no man believes that the King can transfer His Soveraigne power to the French King or the King of Spaine or to the States of the united Provinces nor by the same reason can He transfer it to the States at Westminster And the learned and wise Grotius who will by no means endure that Subjects should take Armes against their Princes upon any specious pretences whatsoever concludes Si rex tradere regnum aut subjicere moliatur quin ei resisti in hoc possit non dubito aliud enim est imperium aliud habendi modus qui ne mutetur obstare potest populus to the which he applies that of Seneca Etsi parendum in omnibus patri in eo non parendum quò efficitur ne pater sit And it may be this may be the only case in which Subjects may take up defensive Armes that they may continue Subjects for without doubt no King hath power not to be a King because by devesting himselfe he gives away the right which belongs to others their title to and interest in his protection The two Houses themselves seemed to be of opinion when in their Declaration of the 27 of May 1642. they said the King by his Soveraignty is not enabled to destroy His people but to protect and defend them and the high Court of Parliament and all other His Majesties Officers and Ministers ought to be subservient to that power and authority which Law hath placed in His Majesty to that purpose though He Himself in His own Person should neglect the same So that by their own judgment and confession it is not in the King's power to part with that which they ask of Him and it is very probable if they could have prevailed with Him to do it they would before now have added it to His charge as the greatest breach of trust that ever King was guilty of They cannot receive what they ask if the King would give it in the Journall of the House of Commons they will find a Protestation entred by themselves in the third year of this King when the Petition of Right was depending in the debating whereof some expressions had been used which were capable of an ill interpretation That they neither meant nor had power to hurt the King's Prerogative And the Lord chief Justice Coke in the fourth part of his Institutes published by their Order since the beginning of this Parliament saies That it was declared in the 42 year of King Edw. 3. by the Lords and Commons in full Parliament that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crowne whereunto they were sworne And Judge Hutton in his Argument against Ship-mony printed likewise by their Order since this Parliament agrees expresly That the power of making War Leagues the power of the Coyne and the Value of the Coynes usurped likewise by these Declarers and many other Monarchicall powers and prerogatives which to be taken away were against naturall reason and are incidents so inseparable that they cannot be taken away by Parliament To which may be added the authority of a more modern Author who uses to be of the most powerfull opinion Mr. Martin who saies that the Parliament it self hath not in his humble opinion authority enough to erect another authority equall to it self And these ambitious men who would impiously grasp the Soveraign power into their hands may remember the fate which attended that Ordinance in the time of King Hen. 3. to which that King metu incarcerationis perpetuae compulsus est consentire and by which the care and government of the Kingdom was put into the hands of four and twenty how unspeakable miseries befell the Kingdom thereby and that in a short time there grew so great faction and animosity amongst themselves that the major part desired the Ordinance might be repealed and the King restored to His just power that they who refused came to miserable ends and their Families were destroyed with them and the Kingdome knew no peace happinesse or quiet till all submission and acknowledgment and reparation was made to the King and that they got most reputation who were most forward to return to their duty So that it is believed if the King would transfer these powers though many persons of honour and fortune have been unhappily seduced into this combination that in truth no one of those would submit to bear a part of that insupportable burthen and that none would venture to act a part in this administration but such whose names were scarce heard of or persons known before these distractions If the King should consent to another of their four Bils He should subvert the whole foundations of government and leave Himself Posterity and the Kingdome without security when the fire that now burns is extinguished by making Rebellion the legitimate Child of the Law for if what these men have done be lawfull and just and the grounds upon which they have done it be justifiable the like may be done again and besides this He must acknowledge and declare all those who have served Him faithfully and out of the most abstracted considerations of Conscience and Honour to be wicked and guilty men and so render those glorious persons who have payed the full debt they owed to His Majesty and their Country by loosing their lives in His righteous cause and whose memories must be kept fresh and pretious to succeeding ages infamous after their deaths by declaring that they did ill for the doing whereof and the irreparable prejudice that would accrue thereby to truth innocence honour and justice all the Empires of the world would be a cheap and vile recompence Nor can this impossible demand be made reasonable by saying It would be a base and dishonourable thing for the Houses of Parliament being in that condition they are to have treated under the Gallows to have treated as Traytors their cause being not justified nor the Declarations against them as Rebels recalled It would be a much more base and dishonourable thing to renounce the Old and New Testament and declare that they are not the word of God
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
never swarved from his Allegiance To omit infinite other instances which the observation of all men can supply them with the Verdict of God had not been so remarkable and notorious if the King had prevailed with his Army and reduced his rebellious Subjects to their duty which might naturally have been expected from the cause and the fate that Rebels usually meet with as that after a totall defeat of the King's Forces and their gaining all the power into their hands they could possibly propose to themselves they should not only be in more perplexity and trouble then when they had a powerfull Army to contend with but in more insecurity and danger then if they had been overcome by that Army That the City of London should be exposed to all imaginable scorn contempt and danger upon the same Ordinance of the Militia by which their pride and sedition principally exposed the Kingdome to the miseries it hath endured that the same Arts and Stratagems of Petitions and Acts of Common Councell with which they affronted the King and drove Him from them should be applied to their own confusion and ruine That those Members who were the principall Contrivers of our miseries the most severe and uncharitable persecutors of all who were not of that opinion and the greatest cherishers of those Tumults which drove the King and all that wished well and were faithfull to Him from Westminster should themselves be persecuted for their opinions by those whom they had supported and be driven thence by the same force and as they had to make the KING odious to the people against their own consciences cast aspersions on Him of favouring the Rebellion in Ireland so themselves to the same end should be accused of the obstructing the relief of Ireland so that to some of them that Story of Jason which though it be not canonicall Scripture is yet canonicall History may be literally applied who slew his own Citizens without mercy not considering that to get the day of them of his own Nation would be a most unhappy day for him who afterwards flying from City to City was pursued of all men hated as a forsaker of the Laws and being had in abomination as an open Enemy of his Country and Country-men was cast out into Aegypt Thus he that had driven many out of their Country perished in a strange Land and he that had cast out many unburied had none to mourn for him nor any solemn Funerall at all nor Sepulcher with his Fathers That they who told the King that if He should persist in the deniall of the Militia the dangers and distempers of the Kingdome are such as would endure no longer delay but unlesse He would be graciously pleased to assure by those Messengers that He would speedily apply His Royall Assent to the satisfaction of their former desires they should be inforced for the safety of His Majesty and the Kingdomes to dispose of the Militia by the authority of both Houses in such manner as had been propounded and they resolved to do it accordingly and upon that ground did raise the Rebellion against the King That these men should be told by their own Militia That they were cleerly convinced and satisfied that both their duties and trust for the Parliament and Kingdom called upon them and warranted them and an imminent necessity inforced them to make or admit of no longer delaies but they should take such courses extraordinary as God should enable and direct them unto to put things to a speedy issue unlesse by Thursday next they received assurance and security to themselves and the Kingdome that those things should be granted which they insisted on which were to have severall Acts passed by the Houses speedily reversed and other Acts formerly refused to be consented to all which was done accordingly That their own Army should rebell against them upon the principles of their own Declarations which they tell them directed still to the equitable sense of all laws and constitutions as dispensing with the very letter of the same and being supreme to it when the safety and preservation of all is concerned and assuring them that all authority is fundamentally seated in the Office and but ministerially in the persons and that it is no resisting of Magistracy to side with the just principles and law of Nature and Nations All which were the very grounds and assertions upon which they raised and justified their Rebellion against the King Lastly that this very Declaration which they hoped would prepare the minds and affections of the people with so much prejudice to his Majesty that they would concur with them in any desperate Act against Him and His Posterity should so much incense all sorts of people against them that they are since looked on as the most odious scum of men that ever infested a Nation and have lost more by it then they have ever got by any Victory These are the visible instances of Gods Verdict in the cause so that if they had with all their hypocriticall discourses of Religion the least sense of Gods favours or fear of his judgments if they had not said unto him Depart from us for we desire not the knowledge of thy waies they would before this have felt that agony of heart and trembling in their joynts out of the very sense of the hand of God upon them that they would take no rest till they cast themselves at his feet whom they have offended and imploy all their faculties towards repayring their gracious Soveraign and binding up the wounds of their almost ruined Country Instead of which to make their madness as publick and notorious as their Rebellion they have resolved published their resolutions to the Kingdome 1. That they will make no further addresse or application to the KING 2. That no person whatsoever shall make any without their leave 3. That whosoever shall break this Order shall incur the penalties of High Treason 4. That they will receive no more any Message from the KING and that no person shall presume to bring any Message from the KING to them or to any other person By the first and last of which they have made and declared themselves no Parliament for being called by the King 's Writ to Treat with Him if they will neither send to Him or hear from Him they can be no longer a Parliament By the second they have taken away from the Subjects of the three Kingdomes that which themselves acknowledge to be their naturall right and liberty for they say and they say truly in their Declaration of the 6 of May 1643. That to present their humble desires and Propositions to His Majesty is a liberty incident unto them not only as Members of Parliament but as free-born Subjects yet this freedom is by this Vote taken away To the third there needs be no more said then what the Army who no doubt will justifie what they
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
upon so dangerous a Precedent to their owne Crownes and Monarchies without contributing to suppresse this so pernicious a designe begun in this Kingdome God forgive those Princes who suffered His Majesty to be deceived in so just and Princely an expectation It is here likewise to be remembred that the two Houses had dispatched their Agent Strickland to the States of the united Provinces to invite them to their amity and assistance and to decline their League with His Majesty before Colonel Cockram was sent for Denmarke their Declaration to those Provinces bearing date the 8 of Occtober which was before the time that Cockram went towards Denmarke 19. The Queens going into Holland is next objected to the King and that contrary to His trust He sent the ancient Jewels of the Crowne of England to be pawned or sold for Ammunition and Armes of which they say they had certain knowledge before they took up Armes and that they had not so much as once asked the Militia till the Queen was going for Holland and that Her going beyond Sea was stayed many Months before Her going into Holland by their motions to the King because amongst other reasons they had heard that She had packed up the Crowne Jewels by which they might see what was then intended by that Iourney had not they prevented it till the Winter They are very unwilling to agree upon the time when they first took up Armes and would have their seizing upon the King's Forts possessing themselves of the Militia of the Kingdome of the Royall Navy to be thought only an exercise of their Soveraigne power and no taking up of Armes but though they could perswade the world that their countenancing and bringing downe the Tumults by which they first drove away many Members from the Houses and then the King Himself from Whitehall was not taking up Armes because there was no avowed Act of both Houses to bring downe those Tumults yet sure they cannot deny their marching out of the City with all the Trained bands of London in a hostile manner to Westminster where both Houses gave the chief Officers thanks approved what they had done undertook to save them harmlesse and appointed a new Officer of their own to Command those Traine bands which was on the 11 of Ianuary 1641. to be taking up Armes When they appointed the next day their own new Officer Skippon to besiege the Tower of London with the City Forces by land and water and not suffer any provision to be carried thither when the King's Lieutenant was in it and declared that whosoever should trouble him for so doing was an Enemy to the Common-wealth which was accordingly executed by him they must confesse undoubtedly that they took up Armes and both these high actions which by the expresse Statute of the 25 year of King Edw. 3. are High Treason were before any one Iewell belonging to the Crowne or the King was carried out of the Kingdome For the time of asking the Militia though no circumstance of time could make it justifiable not to speak of the Bill preferred to that purpose many Months before the House of Commons by their Petition of the 26 of Ianuary after the House of Peers had refused to concur with them in so dis-loyall a suit desired His Majesty to put the Tower of London and the principall Forts of the Kingdome and the whole Militia into such hands as they thought fit and the Queen went not into Holland till the 23 of February neither was her journy resolved on till the beginning of that Month so that their assertion of not having so much as asked the Militia till the Queen was going into Holland is utterly untrue and when they were made acquainted of such Her Majesties purpose they never in the least degree disswaded it But what was the Queens going into Holland and the King 's sending with Her the Iewels of the Crown to their taking Armes The Queen might very well go to any place the King thought fit She should go the Princess Mary being at that time to go into Holland to her Husband His Maj. thought it fit that the Queens Maj. should accompany Her Daughter thither And for the Jewels of the Crowne though most of the Jewels carried over by the Queen were Her owne proper goods let them shew any Law that the King may not dispose of those Jewels for the safety of His life and to buy Arms Ammunition to defend Himself against Rebels who have seized all His Revenue and have left Him nothing to live upon but those Jewels which He had only in His power to convey out of theirs or to leave them to be seized on and sold by them who applied all that He had else and His own Revenue to hasten His destruction In their mention of the Queens former purpose of going beyond Seas stayed as they say upon their motion because they had then heard She had packed up the Crown Jewels and Plate they use their old and accustomed licence If they will examine their own Journall they will not find amongst all those reasons which were carried up by Master Pim to the Lords at a Conference on the 14 of Iuly and the next day presented to the King to disswade Her Majesties Journy the least mention of Her having packed up the Crown Jewels and Plate but that they had received information of great quantity of treasure in Iewels Plate and ready Mony packed up to be conveyed away with the Queen and that divers Papists and others under pretence of Her Majesties Goods were like to convey great sums of Money and other treasure beyond the Seas which would not only impoverish the State but might be imployed to the fomenting some mischievous attempts to the trouble of the publike peace And they might remember that the chief reasons they gave to disswade Her Majesty was their profession and Declaration since they heard that the chief cause of Her Majesties sicknesse proceeded from dis-content of Her mind that if any thing which in the power of Parliament might give Her Majesty contentment they were so tender of Her health both in due respect to His most excellent Majesty and Her self that they would be ready to further Her satisfaction in all things and that it would be some dis-honour to this Nation if Her Majesty should at this unseasonable time go out of the Kingdome upon any grief or discontent received here and therefore they would labour by all good means to take away and prevent all just occasions of Her Majesties trouble in such manner as might further Her content and therein Her health which would be a very great comfort and joy to themselves and the rest of His Majesties loving Subjects These obligations they should have remembred and left the world to remember how punctuall they were in the performance The discourse at Burrough Bridge that the King would pawne His Iewels for the Army is as materiall