beleived that they that have forborn nothing that they could imagine might turne to His dishonour would conceal any thing that might cast any Aspersion upon Him in this of Rochell As for that plot presupposed to be many years since designed of bringing in an Army of German Horse to have compelled the Subjects to have submitted to an arbitrary Government they might have remembred that thinking thereby to have raised a hatred against the King they have published this Aspersion in severall of their Papers and Declarations and particularly upon the breach of the Treaty at Oxford May 18. 164â— whereunto His Majesty made answer as appears by His Declaration printed and published by their own Order in the second volume of their Orders and Ordinances Pag. 109. wherein He saith That he esteemes his condition more miserable then any of his Subjects when he sees a few factious persons have obtained that power as to publish to all his people in the name of both Houses of Parliament a charge which comming forth with a semblance of such Authority may much worke with them against Him and yet do not which is certainly because they cannot tell any one proof or particular either whence whether or when or by whom or by whose designe those horse should have been brought they confesse it is many years since and it seemes it is so many that these particulars are worn out of the memory of man Now what a strange Impudency and malice must it appear to all equall men that being challenged and provoked by the King even with scorn and derision to instance in any one of the above specified particulars if they could they doe now again revive the same aspertions without giving satisfaction by the producing of any one proof or giving instance in any one particular especially when it is well known unto the world that such persons as they themselves had whispered to be the men that were imployed in the said designe have been highly imployed in their service and nothing would have been kept from them if any thing might have been found to the Kings prejudice but it was thought fit by them that this should be now concealed since it is apparent that the chief end of this Declaration is to accumulate all things that they conceive may asperse the King or make Him odious for those men might have told them the mistery of that businesse for that the Parliament having Declared a war for the recovery of the Palatinate and given way for the raising of 10000. foot in England to serve Count Mansfeild in that imployment it was in discourse how to furnish them likewise with horse which was thought could no where fittingly be done but in Germany but the King of France denying passage to Count Mansfeid all that businesse came to nothing Then they speake of the torturing of our bodies by cruell whippings cutting off eares racks and pillories c. They might have added hanging drawing and quartering and hanging in chaines for all these have been done in the Kings Reigne but executed upon Traytors theeves seditious and impious libellers by established Courts of Justice and according to the knowne course of the Laws which were made by former Kings his Predecessors with the consent of Parliament for they are not able to produce any one Law made in the Kings reign tending to blood or cruelty how many have been made for the ease and enlargement of the Liberty of the people they have often themselves confessed them to be more then by any of his Predecessors And shall the doing of Justice according to the Laws by his Judges and Ministers of Justice be charged upon him as acts of cruelty shal the burning of theeves in the hand or rogues in the forehead or shoulder or what Mr. Gregory doth at Tyburn in the due execution of legall sentences be stiled cruelty for such have been all these whippings rackes pillories which they speake of And they are challenged to instance in one drop of blood drawn by his Majesty or any one Act of cruelty committed by Him in his whole raign or by his Judges or Ministers whom He hath not left to the Justice of the Law For it will not be denied that from the 3. of November 1640. untill the 12. of Jan. 1641. when he was driven from London all His Judges were wholly left unto them many of them being impeached of Treason and Judge Berkley whom they thought the most criminall arraigned for Treason who made a defence so honest and so able that they were forced to wave their legall Triall of him and to pick his purse by their arbitrary power Was there ever so strained a malice especially if they looke how themselves have proceeded not to speake of those multitudes that have been slaine in the War how many of the Kings honest loyall Subjects have they murthered in cold blood by no Law but their owne arbitrary power with how many new Treasons have they ensnared the subject by the single authority of some hasty and angry Ordinances notwithstanding that the Law telleth us what shall be Treason and nothing else but by Act of Parliament what cruelty hath been used in point of imprisonments where many have dyed for want or ill usage and how many persons of quality both Divines and others hath been by them sent a ship-board and kept under deck and seeing a person of quality and a Judge of great years and reverence out of heat and indignation sent to Newgate a prison for Rogues Theeves and Cutpurses how many Gentlemen and Peers did they Vote to death and losse of their whole estates and to be excepted from pardon and mercy without summons hearing tryall or conviction how many Noblemen Gentlemen Judges and divers of great age have they forced out of England to begge their bread in strange Countries not allowing them one penny out of great estates which they have seized to keep them from contemptible poverty notwithstanding that the Law alloweth to the highest Traytors a conveniency for food and raiment for themselves and family And yet these men have had the face to fix upon their King these odious markes of cruelty when they cannot deny but in his reigne there hath been lesse blood by attainder and fewer confiscations then in any such space of time since the Conquest As for the lording over mens souls The Laws for the government of the Church not established by this King but by his Father and Queen Elizabeth were put in execution with so much mildnesse and moderation that they can scarcely instance in the punishment of any Separatists or Sectary if his Recusancy for the Law maketh them Recusants as well as Papists hath not been accompanied with some crime or some scandalous or seditious preaching or writing against the present government whereas they may remember and see in the new book of entries 5. Paschae 35. Eliz. fol. 252. that Pendry for publishing two scandalous books against the Church Government
much as one Company of Foot or Troup of Horse of forreigners that He hath called in but they hope by this great noise of reciting so many Nations to fill the ears of the People and to abuse them as they did by the speaking of the death of His Father of the reproaching of His Mother of His bloudy Cruelties His oppressions and Tyranny His breach of Trust of Oaths and Protestations and with those odious names and a bold Accusation to which He should not have means to answer to make something stick with the people whereby to alienate their Hearts from Him and to allay the detestablenesse of their most inhumane and barbarous proceeding with Him They then say neither do we wonder He should forget His Vows and Protestations that He would never consent to a toleration of the Popish Religion or abolition of the Laws then in force against Recusants yet about the same time He wrote Letters to the Queen and the E. of Ormond that He would consent to the taking away of all penall Laws against Papists both in England and Ireland Touching the Letters to the Queen and the Marquesse of Ormond they are all printed by their Order and according to the information I have credibly received by those Letters it will appear that the penall Lawes touching Recusants were not to be taken away and the favours intended to the Papists were with such limitation as they think fit to conceal Besides there is a wide difference betwixt a toleration of Popery and the not putting in execution the penall Lawes and so there is betwixt the abolishing of the penall Lawes and a temporary forbearance of the rigour of them which hath been practised by Queen Eliz. King James and His Majesty but never in so high a degree as by themselves toward the Sectaries and Separatists who by the Law are Recusants as well as Papists yet they have made use of them in their service without distinction of any Sect Schisme or Heresie insomuch that at Plymouth they made use of some Turks in their service out of the Gaole that had been condemned as Pyrats And let them remember of what a composition their new model'd Army is by whom they have carried through their Rebellion and how carefull they are now to uphold the liberty and freedom of them under the name of tender Consciences Yet it must be a Crime in the King for the saving of His Crown to encourage His own Subjects to be loyall unto Him and to assist Him against his Rebels by promising them some favour against the rigour and extremity of the Lawes There is no Religion or Nation English Welch Irish Scottish French Hollanders Dutch Germans Turks whose service they have not used to depose their Soveraign as it is now apparent although at first they all fought for the King and Parliament And if He should have made use of them for His just defence or shall do for His just restitution His doing so would be much more justifiable before God and man then what they have done They then say that notwithstanding that both Houses and the Scotch Commissioners did declare that they did hold a personall Treaty was not safe yet the Houses now yeelded to that that is to a personall Treaty They might have remembred that the Scots in their Papers do set down why at that time they held a personall Treaty at London not safe viz. because the King had several Armies on foot many strong garrisons then neither was it known what party or correspondency He might have in London all which considerations were now ceased and that therefore at present they held a personal Treaty and that to be with the Houses themselves and at Westminster most necessary And thus with their Art in confounding of Times they labour to abuse the World and to make shew as if they had yeilded to all that which the Scots now desired whereas they would not treat with the King but in the Isle of Wight and not with the Houses as the Scots Commissioners desired but with their Commissioners And whereas the Scots desired that the King might be free and at liberty they would have Him still their Prisoner They further say that all this was yeilded unto upon condition that the King would sign but four Bils which they judged not only just and honourable but necessary even for the present Peace and Safety during such a Treaty Hereby they would insinuate that they desired the four Bils but for security during the Treaty whereas they know that those Bils were to be made Acts of Parliament and so perpetuall Laws unlesse they intended that the Treaty should be everlasting As for the justness honourableness and necessity of the said four Bils If they have vouchsafed to read the Kings Answer which was not of such importance whether they did or no their resolution being taken before that if the King would not undo Himselfe they must undo Him which is said to have been the speech of a Member of that House if they had read the Kings Answers they would have found that the King had convincingly made it appear that this their way of proceeding besides the unreasonablenesse of the Bils themselves was irrationall impossible and must be ineffectuall to the making of Peace for which this Treaty was pretended to be To which might be added that it would have been invalid It was irrationall for that it is contrary to the nature of a Treaty that the chief Subject matters of the Treaty should be first assumed It was impossible because the King was desired to passe these Acts by Commission under the great Seale and not by His presence in Parliament whereas there is no such thing as a great Seale but a mock-Seale of their owne making of which Sir Edw. Cooke Mr. Sollicitor and the above-named reverent Judge as well as three Statutes have likewise delivered their opinion It must of necessity be ineffectuall for no Peace could be concluded without the Consent of the Scots and they in the name of that Kingdome protested against their Bils and manner of proceeding and like rationall men they declared that they could not but wonder that it could be supposed that the King having so often refused the said Bils for the procuring of a Peace should now condescend unto them only for the procuring of a Treaty Invalid it must needs be for it is well known that imprison'd Princes especially by their own Subjects can do no valid Act to the prejudice of themselves much lesse of their Successors besides it is well known what the doctrine of the above specified Authors and the Law is touching constraining of the King by force There shall no more be said of the manner of their condescending to such a condition'd Treaty which they insinuate to have been a gracious proceeding only I will set down what a sober man said of it then speak to the matter of the Bils by them desired That the King
The Royall Apologie OR AN ANSWER TO THE DECLARATION OF THE HOUSE OF COMMONS the 11. of February 1647. In which they expresse the Reasons for their Resolutions for making no more Addresses nor receiving any from HIS MAJESTY AT PARIS Imprinted in the Yeere 1648. TO MY GOOD COUNTRY-MEN of ENGLAND and fellow-Subjects of SCOTLAND IRELAND I Shall not in this Epistle tell you that by the Word of God he that resisteth the Powers ordained over us shall receive to himselfe Damnation nor that by the Law of the Land it is High Treason to levy War against the King to depose Him from the Government to imprison Him to adhere to His Enemies to reforme Him by force or to doe any thing with intention to alienate the Hearts and affections of the People from Him neither shall I tell you that it is Perjury and against our solemne Oathes and Protestations not to beare unto the King true Faith and Allegeance and not to defend His Person and Honour and not to maintaine all His just Rights I shall onely put you in mind of that which if we were no Christians but Heathens if we had no regard of Lawes or Oathes yet as Men would bind us which is the Law of Nature by which we are taught to doe as we would be done unto Let every man in his owne particular consider that if he were accused of Tyranny and Oppression of all sorts of cruelties of intending bloody Massacres of mercylesse Torturings of Perjury of a continued Track of Falshood and breach of Vowes and Promises through his whole life of conniving at his Fathers death and dishonouring of his Mother and in them all not one word of truth would he not think it a most barbarous irrationall and inhumane proceeding that he should not onely be used as if he were guilty of them all but that he should be rendred odious to the world and infamous to posterity without ever being heard or admitted to the means of making any Answer whereby to cleare his Innocency and Honour This is your Kings case who notwithstanding this libellous Declaration and His great misfortunes is one of the most pious temperate couragious and just Princes that our Nation ever had If He may be afforded no other right let Him not be denyed that naturall Justice which every man would think due unto himselfe of not being condemned unheard and undefended for whatsoever is set downe in this Answer is but one private mans knowledg and information But when you shall see the Kings owne perfect Answer I am most confident your hearts will be on fire to see so good a King so ill used IN regard that some particulars relating to the same matter are spoken of in severall places of this Declaration for the avoyding of confusion in the Answer they are answered together so that in some things the place of them is not exactly kept but sometimes that which is before in the Declaration is after in the Answer therefore in this Index each particular is set down and in what page the answer to it shall be found THe Introduction Page 1 2 That their former Addresses to the King have been fruitlesse 3 They could have no confidence that words should be more perswasive with the King then sighs and groanes c. 4 That they have made seven Addresses to the King ibid. In what sort the Scotch Commissioners joyned with them and the Reasons why they conceal the Scots present dissent from them 5 6 That the King never made any offer fit for them to accept 7 They say they cannot expect that new ingagements should prevaile more with the King then His Oath of Coronation and severall other Vowes which He hath frequently broken 8 That the King in His Speeches and Declarations hath laid a fit maxime for all Tiranny by avowing that He oweth account of His Actions to none but God 9 The match with Spain 10 The Kings having an Agent at Rome ibid. The passages concerning the death of King James 10 11 12 13 Touching the betraying of Rochell 13 14 The bringing in of German Horse 15 Torturing of our bodies with rackes and pillories c. 15 16 The Lording over mens souls 17 Searching of Cabinets ibid. Monopolies and Ship-money 18 The Kings summoning this present Parliament to have assistance against the Scots 19 The King so passionately affected to His malignant Counsellors that He would rather desert His Parliament and Kingdome then deliver them to Law and Justice 19 20 21 The bringing up of the Northern Army 21 22 The Rebellion of Ireland answered together 23 24 25 26 The Kings denying of Commissions to the Lord Wharton Lord Brook 26 They say they need not tell the world how the Scots entred the Kingdom ib. The Lord Digby's attempting the Country with armed Troops 26 The Lord Digby's man hiring a Skipper to be Pilot to a Fleet preparing in Denmarke 27 The Kings Letters to the K. of Denmark touching the Queen his Mother ib. That the King sent away with the Qu. the ancient Jewels of the Crown ib. The King sent a specious Message of renewing a Treaty but His Messenger was to have managed a bloody Massacre pag. 27 28 Touching the Kings march to Brainford pag. 28 The Kings denying to receive their Petitions ibid. All things concerning the Queen answered together pag. 28 29 Touching the Letters written to the Pope pag. 30 The Kings offer of the plunder of London and foure Northerne Counties to the Scots pag. 30 31 Fire works found in Papists houses pag. 31 Of putting the Tower into such hands at the City could not confide in ib. The Track of open force begun in the Kings coming to the House and charging some Members of Treason 32 That the King entred into the Councel-booke that the calling of them a Parliament did not make them so 33 Their standing amazed at the Kings solemne Protestation of having no thought to make War against his Parliament c. ibid. That the King endeavoured to get Powder and Cannon out of Hull ib. That the King proclaimed them Traitors and Rebels and set up his Standard against his Parliament 34 That the King called a mock-Mock-Parliament at Oxford ib. The Kings breach of Trust with the Protestants of France Scotland Ireland c. and His endeavours to enslave them by German Spanish French Danish c. 35 That the King having protested that He would never consent to a Toleration of the Popish Religion nor taking away the Lawes against Recusants did yet by His Letters signifie His consent to the taking of them away ib. That notwithstanding that the Houses and Scotch Commissioners did declare that they held a Personall Treaty not safe yet the Houses yeelded to it 36 That they intimate that the signing of the foure Bils was onely for their security during the Treaty ib. Of the justnesse honourablenesse and necessity of the foure Bils 37 38 That in refusing this their last Application the
King hath forgot His duty to the Kingdome 39 That for these reasons they have taken these resolutions and votes to have no more to doe with His Majesty and to settle the Kingdom without Him 40 The Conclusion setting down the falshood fraud and malice of all that is said in this Declaration 40 41 42 The Royall Apology OR An ANSWER to the DECLARATION of the House of Commons of the 11. of Feb. 1647. in which they expresse the Reasons of their Resolutions for making no more Addresses nor receiving any From His Majesty WHen the Son of Croesus who had never spoken being borne dumbe saw his father ready to be destroyed nature brake open all those ligaments that had formerly tyed up his tongue he cryed out That his Father might be saved The King that ought to be the common Father of us all is stil of his Loyall Subjects is upon the point of being destroyed He is deposed from his right of Governing close imprisoned and no Addresses either to Him or from Him is admitted and which is more His honour and Innocency which are dearer to him then his Life are indeavour'd by this wicked and false Declaration made by the House of Commons to be blasted and Himself rendred to His people and to Posterity the most odious and detestable of Men and the most tyrannicall of Kings whilst He himself is detained in close prison and in likelyhood kept ignorant of what is said or working against Him Or if He for His further vexation have notice of what He is accused all meanes of clearing Himself and vindicating His honour are debarred Him His Papers of the Transaction of Affaires kept from Him the accesse of any of His Secretaries or His Privy Counsell or Counsell of Law not admitted The Houses when they impeach the most capitall Offenders even of high Treason in such Cases the supposed Delinquents are allowed Transcripts of their Accusations Counsell in the point of Law and a convenient time for the publishing of their Answer and this was afforded unto the Earle of Strafford the Arch-Bishop of Canterbury and is now to the six Lords impeached of high Treason is a Justice not denyed to Traitors Murderers But how it can be afforded to the King I cannot see since He himself can make no addresse whereby to obtain it and no man else may upon Paine of death make any Addresse unto him to receive his directions This certainly may be a sufficient motive to any man nay to all men as it hath been to me in this distresse and oppression of the King to set down what is in their knowledge and reason toward the confuting of those malicious Aspersions cast upon him by this Declaration untill God shall give the King means by his own full and perfect Answer to blow back the poysonous and infectious vapours into the faces of that prevalent Party that with Art and Terrour carried this Declaration to their perpetuall infamy and shame And in the interim I shall desire that this may be received but onely as a preparative to keep the mindes of men from being too much carried away with one story untill the other Tale be told THe Scope of this Declaration is expressed to be to set down the Reasons for these ensuing Resolutions 1. That they will make no farther Addresses nor Applications to the King 2. That no Application nor Addresses be made to the King by any Person whatsoever without the leave of both Houses 3. That they will receive no more any Message from the King do enjoyn that to Person whatsoever do presume to receive or bring any Message from the King to both or either House of Parliament or to any other Person 4. That the Person or Persons that shall make breach of this Order shall incur the Penalties of high Treason So that it may be justly expected that this Declaration shall lay down unto the people whom they intend to satisfie such Reasons as may justifie the said Votes with the Consequences and proceedings thereupon And the way to make plaine the strength of their Argument is to set it down plainly which must run thus A King having committed those crimes which are set down in this Declaration the Houses may remove from the Government imprison Him and debar all Addresses to him and from him as they have done But King CHARLS hath committed these crimes and so the Houses may proceed against Him as they have done When a clear Answer shall be made unto this Argument the debate will be brought unto a shorter issue and the people before whom the seene now lieth will have an easie way to frame a Judgement whether they ought to be satisfied with the proceeding of the Houses as is pretended by this Declaration or whether they shall not have just cause to detest and abominate both their Declaration and their Proceedings The Answer briefly is That both Propositions are false The first that a King doing those things laid down in this Declaration may be removed from the Government imprison'd c. by the Houses The second is That King Charls hath done the things alleadged in this Declaration But because the second Proposition is that which this Declaration endeavours cheifly to infer and make good This Answer shall first insist upon the truth or falsehood of the matters of fact viz. Whether the King have done the things suggested And afterward shew briefly the Impiety danger and Treasonablenesse of the first viz. That subjects may upon Suggestions if true as they are false depose their King THE entrance into this Declaration is in these Words How fruitlesse our former Addresses have been to the King is well known unto the World It is willingly left unto the Judgement of the World to whom they appeal whether the Addresses of the Houses whilst their Addresses were made unto the King in such dutifull and sober manner as Subjects yea even the Houses themselves ought to addresse themselves unto their King were fruitlesse when so many things have by the King been this Parliament condescended unto as have enforced them to acknowledge in some of their Publike Declarations That the King hath granted more for the liberty and ease of his people then had been granted by any of his Predecessors I think with truth it might have been said then all of them and it will not be amiss to set down some of them The high Court of Star-Chamber The high Commission and five Courts more of Justice all established by Law pretended to be for the ease of the people but apparently much to the lessening of the Authority of the Crown have been wholly abolished an Act for a trienniall Parliament another for the taking away of the Kings undoubted Power of dissolving this without the Consent of the Houses an Act for regulating the power of the Councel Table according to their own desires an Act for the taking away the Bishops Votes in Parliament an Act for the
bounding and limiting of Forrests others for the restraining of the King to lay Impositions to levy Tonnage and Poundage or to Presse Souldiers without consent of Parliament All these with many more have been the fruits of their former addresses unto the King And now if they finde any stop or refusall in what they propound it is not for that the Kings inclination and readiness to gratifie his people is lessened or alter'd but it is that they have altered their mannerly and dutifull wayes of their Addresses and now will force by Armes and Victories what they had wont to petition for And for the matters desired whereas before there was in them a pretence of the Kings honour and safety and of the Subjects ease and liberty in the Propositions now insisted upon it is cleerly apparent That the King is by them unthroned The Soveraignty taken from Him and placed in themselves And the Subject which if they would have contented themselves with the above specified Concessions should have been the happiest and freest people of all the Subjects in Christendom shall if the King should condescend to their late demands become Slaves in their Liberties Lives and Properties by being left to the arbitrary and lawless Power of them their fellow Subjects and this is so beleived by all men but themselves and their Adherents even by their brethren of Scotland which hath administred unto them just grounds of their dissenting from them as shall be made apparent before this discourse be ended Whereas they say next That they could not have confidence that words should prevaile more with Him then Sighs and Groanes c. Let the world judge whether these men at ease and invested with all Power and Authority are more likely to be moved with sighs and groans cries of Fathers Mothers Children c. or the King who is debarr'd the society of the Queen his most dear Wife his Children banish'd or under restraint His Friends ruin'd destroyed and persecuted and some for their love and Loyalty to His Person hang'd drawn and quarter'd and all in danger of it that shall in any sort indeavour to serve him Himselfe divested of all manner of comfort either for His body or Soul besides the tender sense that he must needs have of the miseries of his people must not the World conclude the King not only to be void of all naturall affections and all bowels of compassion both towards Himself and all that are nearest and dearest unto Him but to want also common sense and understanding if He should not imbrace all meanes that with honour and conscience He might for the speediest settlement of the distracted and miserable condition of himself and His Kingdomes It is then said that they were never forced to any Treaty and yet they have made seven times application to the King notwithstanding their great success in overthrowing all His forces so that he fled in disguise to the Scots It is true that they so well laid their businesse that at the first they possessed themselves of the power of all the Kingdom both by sea and land of the City of London and of the Kings Customs of his Revenue of His Magazins and of the abused hearts of his people whereas the King wanting every thing but a good cause hath from the beginning only struggled to subsist But let not Successe against the King be vanted of Successe is not alwaies a Proof of a good Cause God hath often punish'd his Church by the power of Infidels and made wicked men the Scourge wherewith he hath chastised his Children and then cast the rod into the fire and lifted up the heads of his afflicted Servants Whereas they say That they have made 7. times applications unto the King for Peace Their own consciences I mean so many of them as have been behind the Curtain do tell them That so many times they have offended God and abused the World with detestable Hypocrisie by making shew of that which was never in their thoughts And all the said Treaties which they speak of were ever with those unreasonable unconscionable dishonourable Propositions that they well knew that their Intentions of continuing of a War could run no hazard by such Proposals for Peace yet whosoever shall peruse all those severall Treaties which are with great exactnesse set down in their own Books and printed by their own Order of Exact Collections will to be able judge of the difference of Spirits then walking In them instead of Reasons it will be found that improbable future fears and jealousies and the advantage of their present Condition have been the ground of their Proposals And on His Majesties part there will be clearly seen a bowing and stretching to a Compliance with them to the utmost that could stand with his Conscience Safety and Honour To these Volumes of theirs I refer the Reader that seeing both sides he may frame unto himselfe a Judgement where the fault lies if their Addresses have been fruitlesse To countenance no more their former Treaties and the Conditions proposed in them they further say That in all their former Addresses the Commissioners of Scotland agreed with them and joyned with their Commissioners in attending the King In which Affirmation they do not use the ingenuity and clearness which the House hath in former Parliaments used to do in that which they published unto the Kingdom for although it be true that the Commissioners of Scotland agreed to the sending of the Propositions unto the King at Newcastle yet in their publike printed Declaration of their said consent bearing date the 25. of June 1646. they declare their want of satisfaction in many particulars in so much as they say That some of the particulars are inconsistent with the word of God and others wherein they remain unsatisfied yet notwithstanding so great was their desire to see an end of this bloody war the easing of those heavy pressures under which both the Kingdoms groaned that upon those Considerations they consented to many materiall parts of those Propositions to make no let but to give way to the sending of such other particulars as they were still unsatisfied in the matter for the reasons formerly presented in their Papers unto the Houses And this their Assent they declare to be with several proviso's as will appear by their said Answer The last of which is that it is not their Judgement that every particular of these Propositions is of so great importance to the Kingdoms that Peace and War should depend thereupon Now let it be impartially judged whether it be an ingenious manner of proceeding to set down a perfect consent to conceal the conditions and proviso's upon the which the Scots declare their consent is grounded But that which is most remarkable concerning the Scots is that having thus artificially insinuated to the people their former concurrence with them now when they make their Declaration to the Kingdome for the stating
they say That the Kings offers are not fit for them to accept in that certainly they declare the truth if they make their own unlimited aimes and ambitions the measure of what is fit for them for they will no wayes content themselves with such a narrow and unlimited Soveraignty as our former Kings have had restrained in our Laws in our liberties in our proprieties but they pro arbitrio wil levy what forces they please without limitation of number or distinction of persons or quality raise what moneys they please for the support of this their military dominion and make what lawes they list without any other assent but their own and remain everlastingly a representative of the people whether they will or not so that really making their aimes and intentions the measure of what is fit for them to accept no offers or conditions can be fit for them that shall not establish them in a more absolute power and dominion then ever any King of England had or any King of Christendome hath or the Grand Seignior himselfe doth practice They then say They cannot see how it should be expected that a new engagement could prevaile on Him or engage Him more then the solemn Oath at His Coronation with severall other vowes protestations and imprecations so frequently broken by Him during His whole Reign Let it be calmly considered of whether this be a modest and decent way of a House of Commons thus upon generals to charge their King as a perjured man whom they have ever professed they would make a glorious King especially when their said charge is as false in the matter as shamefull in the manner for they are not able to fix upon the King any one particular wherein He hath broken His Oath or Protestation when the truth of the fact and circumstances shall be truly set down on the behalfe of the King as well as their false relations of the said fact with their inferences strains and malitious glosses thereupon and doubtlesse if the King were not highly punctuall religious in the observance of the said Oath He would not suffer those miseries hazards which He doth rather then infringe it But let the breaking of Oaths Protestations be with equality looked upon let the obligation of their naturall Allegiance the Oathes of Supremacy and Allegeance without taking whereof they cannot be Members of their House Let the solemn Protestation taken by them at the beginning of this Parliament in which they did promise vow and protest in the presence of God with their life power estate according to the duty of their Allegeance to maintain and defend His Majesties Royall Person Honour Estate which how well it hath been performed let their own consciences tell them Let their Solemne League and Covenant taken with their hands lifted up to God never to depart from that blessed union conjunction as they shall answer it in the presence of God the Searcher of all hearts at the dreadfull day of judgement how they have kept it let their brethren of Scotland tell them M. Martin who stiles it an Almanack of the last year out of date and the Answer of the Scots Declaration that termeth it absurd hypocriticall humane so alterable Let them remember all these and their often repeated Protestations of making the King a glorious King and consider their present usage of His Person their endeavours by this Declaration of rendring Him infamous to the world and to all posterity Let them likewise consider that their present animosity against the King is cheifly because they cannot make Him consent to be perjured He hath sworn to maintain the Laws to protect His Subjects to defend the Church to maintain the Religion established by the Laws to uphold the just rights inherent in the Crown or legally thereunto annexed and because He will not consent to be perjured in them all which He must be if He should consent to their demands He must be declared unworthy to governe and as hath been said by some among them not worthy to live be close imprisoned and debarred of all comforts of life God in his due time will be Judge between them and the King and so will be all sober and disinterested men Then they say That the King in His publick Speeches and Declarations hath laid a fit foundation for all tiranny 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 SEPARATR HAVE NO POWER TO MAKE OR DECLARE ANY LAW For the first part of this Maxime the King avoweth but that which the Law of God and the Law of England avoweth and what all the Monarchs and States of Christendom that have Soveraign Supream power will avow and would punish as high and capitall offenders any that should avow the contrary As for the second clause the King hath often declared That He doth not pretend to the making of Laws singly of Himselfe but by the advice and consent of the two Houses neither can the Houses joynt or separate nor He with the consent of either House alone make a Law but there must be a concurrence of all three The two Houses first to consent and pray and then the King maketh it a Law by his declaring the Royall assent by Le Roy le veut As for the declaring of the Law that it is the interpreting of the Law in dubiis obscuris vel si aliqua dictio duos contineat intellectus If the words of the Law be doubtfull and obscure or may bear two senses the Iudges in their Courts may interpret and declare the meaning of the Law and the same is done in Parliament upon Writs of Error but that is in the high Court of Parliament before the King and the Lords and not before the Commons who are no Court But this Declaration must not be understood of plain and cleer cases nor to the overthrowing of the literall sense nor of the equity of the Law otherwise to declare and to make a Law were all one in effect But not to enter upon any moot Case or contestation of a Law point Let it be judged whether upon this Maxime it be a sober or dutifull expression that the King hath laid a foundation for all tiranny but especially whether from this charge any just or colourable ground may be laid for the justifying of their Votes or their present proceeding with the King They then speak of the Articles for the intended match with Spain which were treated of 25 yeers since by King James And likewise of the Articles of the match with France which certainly should be without their cognizance for the Houses of Parliament have declared often the the making of peace and war and the marriage of the Kings Children belong wholy to the King And it is well known that Queen
Elizabeth inprisoned a Member of the House of commons for presuming to speak in that House concerning Her marriage And the Articles of the marriage with France were likewise agreed by King James before His death but howsoever it is a great audacity in the House of Commons singly after more then 20. yeers and many intervenient Parliaments that would never presume to meddle with the Kings marriage nor the treaty thereupon now to draw arguments from thence whereby to dis-affect the people to the King but that they wil leave no corner unswept nor action unstrained whereby they may render the King lesse beloved And as for keeping a continued correspondency with Rome or having an Agent of His there as is alleaged in this Declaration it is most false The Queen perhaps may have had and maintained some person there for such things as she held necessary for Her in point of Her devotion it is well-known that concerning the affairs of the Princes of Christendome from no place so perfect knowledge and intelligence could be got as from Rome Q. Elizabeth and King James that were wise Princes no Papists were of that minde and were at no small charge to hold correspondency from time to time with every eminent person of that Court without the leave of the House of Commons being a body not well modell'd for secrecy consisting of near five hundred persons But the hatred to the Pope Rome is such that it was thought the very naming of them would reflect with some hatred upon the King which was that which was only aimed at Then they come to plant their maine piece of battery or indeed rather to worke in their Mine whereby they would blow up the Honour of His Majesty in order to the making of Him a glorious King by calling to minde and reviving the pastages in the Parliament the second year of His Reign concerning the death of his Royall Father as they terme it whereas in all their impeachment against the Duke of Buckingham they did never so much as accuse him or lay to his charge the death of King James but only called that which he had done an audacious Action voted that he should be accused only of a misdemeanor of so high a nature as might justly be called so was deemed by the said Commons to be an Act of a transcendent presumption dangerous consequence for such transmitted it to the Lords But now conceiving it would be much for their turn to have it insinuated let into the people that amongst the Articles of their Declaration against the King one was touching the death of His Father for so they stile it viz. The proceeding and passages of Parliament concerning the death of His Royall Father the passages whereof shall be truly related in the subsequent Narration King James fell sick in the spring 1625. and His sicknesse began with an ordinary tertian intermittant Ague which is not held mortall especially in the Spring but the King having a full body hard to be ruled or governed by his Physitians in His sicknesse His tertian turned into a continuall feaver whereof he dyed In the time of His sicknesse certain plaisters and posset-drinks were applyed given to Him such as are ordinarily used to be given by women in the country for that men seldome apply themselves to Physitians in ordinary Agues but to such received and known medicins as are commonly used and these were said to be given by the Duke of Buckinghams procurement and prepared in his lodgings without the direction or knowledge of the Physitians untill after they had been administred unto the King After almost two years there having been in the interim a Parliament and nothing stirred in the businesse the Duke of Bukingham having much distasted the Houses and they being highly incensed against him a ready ear was given to all complaints that might afford any probability of questioning of him and his actions And there were severall Articles by way of impeachment exhibited against him to the House of Peers and among them one was touching the Dukes administring of drinks and plaisters without the consent or knowledge of the Physitians many Physitians and others were examined and it was with great vehemency pressed that there might have been an accusation of Treason drawn up against him thereupon But when the said Article came to be Voted in the House of Commons and the case and evidence had been truly stated before them by Sir Dudley Diggs who with Master Wansford and others had the managing of that Article of their charge the House did hold it fit that he should not be impeached of Treason the evidence indeed not bearing it but only of a transcendent presumption as is truly set down in their Declaration but if there had been any the least ground or evidence of any wicked intention in the Duke to destroy the King or any Symptoms that the Kings death had been caused or hastned by those things that were given or that the said drinkes and plaisters had beene of any noxious or hurtfull quality it is well known that the detestation against the Duke at that time was such that He would not have been forborn if the evidence would have born an impeachment of Treason many pressed it far alledging that without an accusation of Treason they could neither remove the Duke from about the Kings Person nor from sitting in the Houses of Peers without which it was thought they would hardly prevail against the Duke but the evidence falling short it was carryed in the House for an impeachment only of Misdemeanor a transcendent Presumption not of Treason And of these particulars some now sitting among them if they had had so much ingenuity or had not been restrained with fear might have informed them And they might have been likewise pleased to remember that it was proved before them that the King was embowel'd and embaumed publiquely no Symptomes appeared but that He dyed naturally of His Sicknesse And this their Declaration although it be set out with some strains and aggravations conteineth little more then is here declared concluding in these words That it is an offence and misdemeanor of so high a nature as may be justly called and is by the said Commons deemed to be an Act of transcendent presumption of dangerous consequence So that by their own charge nothing is laid down against the Duke but a misdemeanor an adventurous Act unto which they confesse in this Declaration that he put in His Answer the 8. of Iune and the said Answer doth yet remain upon record in the Journall book of the House of Peers And certainly it had been much more fair and ingenious to have likewise set down the Answer and not to have published only the Accusation and concealed from the world the Dukes Answer since they doe acknowledge that they knew of the Answer but it should seeme
that made not for their purpose If the Answer had been weak and impertinent doubtlesse they would not have passed by that which would have added strength to their own suggestion but finding the Answer such as formerly had discouraged them any further to stir in the businesse they have judged it fitter to passe it by for it must be known that after the Parliament which they speak of to be dissolved in which this impeachment was exhibited against the Duke there was before the Duke was slain another Parliament in the which the Duke fat in the House of Peers but the House having seen the Dukes Answer thought it not fit to revive their former accusation but have let it lie asleep almost this 20. yeers untill their malice and desire to blast their King hath awakened it In all their Declaration there is not one word reflecting upon the King but that He caused not as they say the Dukes presupposed misdemeanor which they to make the story seeme more odious call the Kings death to be legally persecuted in which many amongst them must needs conceal their knowledge that upon the breaking up of the Parliament there was by the Kings then Atturney Generall a Bill exhibited in the Star-chamber which is the supream Court where all high crimes and misdemeanors are judged and that at the instance of the said Duke who said he would not have that cause which so highly concerned him to lie buried but that he would acquit himself of that foul Aspersion though it should be with hazard of his life But his imployments to the Isle of Re and death following not long after gave an end to any further prosecution So that having in their own Declaration not charged any thing against the Duke of Buckingham more then misdemeanor and high presumption nor the least reflection upon the King but only of not causing the said misdemeanor of the Duke to have been legally prosecuted which was hindred by the Dukes death and the impediments formerly set down the sole end and scope of inserting this particular in their Declaration is evident to be to make the King odious as judging that nothing could more incense the world against Him or make His sufferings lesse commiserable then to have it insinuated unto the people that among many Articles against Him one is concerning the death of His Father which how groundlesse soever yet they think that it may in the interim amuse the people and possesse them with prejudice against the King and not make them have that sense and compassion of Him detestation of His wicked usage as otherwise they would have And certainly amongst all those artifices which have been used against Him to alienate the hearts of His people from Him to render Him odious to the world this is one of the most false malitious and subtle which can have no other drift but by the detestableness of this aspersion to allay the detestablenesse of their proceeding towards Him which certainly no age can parrallel of Subjects towards their King Touching the businesse of Rochell it is true that the King was perswaded to lend some of His Ships to the French King He was newly Married unto that Kings Sister and entred into a new strict League and Allyance with that Crown being then at difference with Spain and certainly there might be many secret reasons of State for the Kings obliging the French King at that time which may be altogether unknown unto the Houses of Parliament for that it was the doctrine of those times that all things belonging to peace or warre or the marriage of his Childdren did solely and singly belong unto the King neither neede He consult with His people therein unlesse He craved their assistance in Parliament by way of Subsidy or supply and it is strange they should now interpose by way of charge in businesse passed more then 20. years since but that they leave no corner unsought from whence it may be conceived any think may be raked to make the King odious as the aime in this particular is to do in two kinds first by adding strength unto that false wicked aspersion of the Kings unfirmnesse in the Protestant Religion secondly by nourishing that distast which they have with great industry artifice raised in those of the Reformed Religion in France other places against Him It is true that Counsell pleased not many the use that was made of those ships was distastfull which the King and the Duke of Buckingham on whom the councell of that action and the blame was chiefly cast to shew that there was no intention by the loan of those ships to lend a hand to the destruction of the Protestants endeavoured to redeem that mishap by actually entering into a war with the Crown of France for which one of the cheif reasons was although there were likewise other distasts the wrong imploying of those Ships which the King had lent contrary to the Kings intention and the intimation of the French how they intended to make use of the said Ships it is fit likewise to be known that this businesse was first treated in King James his time And that it was contrary to the Kings intention may appear by his subsequent actions for He avowedly sent a fleet and an Army to the Isle of Re under the command of the Duke of Buckingham and to be advised by Mr. de Soubize how those forces might be best imployed for the releif of Rochell those of the Reformed Religion And although the expedition to the Isle of Re proved not successefull yet the intention and not the successe is to be looked upon the Duke of Buckingham pursued this intention of relieving Rochell and the Protestants to that end a new Army and a new Fleet was prepared he in person was gone to Portsmouth ready to set sail for the said enterprise when by the hands of Felton he was suddainly slain thereby those succours were retarded whereby leasure was given to the French so to fortifie block up all the accesses to Rochell that the relief thereof was rendred impossible which yet notwithstanding was attempted by the Kings said Fleet and Army under the Conduct of the Earl of Lindsey though without successe So that certainly no good argument can be drawn from hence either of the Kings disaffection to those of the Reformed Religion or to have willingly intended their hurt much less can there well be drawn from hence any thing to justifie them in their present proceedings against the King which they themselves set down to be the scope and intent of this their Declaration Let it be judged of by any sober man if it be not an audacious expression of Subjects towards their King to say we can fully shew how by Him Rochell was betrayed besides that it is most false for how could the King betray Rochell which was not in His Power Or can it be
was indicted arraigned attainted and executed at Tyburn And let their present lording over mens souls be considered their sending so many learned and pious men a begging by depriving them of their livings imprisoning their persons their lording over their consciences by new illegall and trayterous Oaths by forcing of the Covenant to the ruine of many hundreds who otherwise were without exception both Ministers and Lay-men being consciencious men men of parts and great learning as is set downe in the preceding words of the Answer to the Scotch Declaration of the 4. of Jan. 1648. But nothing can by them be done amisse that Axiome of the Law le Roy ne fait tort is now with the Crown and Soveraignty which they have usurped applicable onely to them But all the Kings actions though never so legall just and gratious must by them have the appellations of tyranny cruelty and oppression They then say that they were worse then slaves for they were prohibited by Proclamation to speake or hope for another Parliament They should have done well to have specified the year and date of the said Proclamation and to have set down the very words contained therin for it is so unlikely a thing that the people should be forbidden by Proclamation to hops that no rationall man can choose but suspect it to be that which civility is loath to tearme it how foule soever their pen be against their King As for the searching of cabinents closets c. It is set down to be after the dissolution of the Parliament so that that sin against the Holy Ghost never to be forgiven of breaking the Priviledges of Parliament is not charged and any other sinne will not be found for it is lawfull and usuall for the Justice or Councell of the King to search the closets and cabinets of such as they have good cause to suspect of practises and correspondency to the prejudice of the King or Kingdome neither have the Kings or Queens letters or cabinets nor the dispatches of Ambassadours and forraign States been free from their inquisition and search nay some such searches have been made by them for Letters and Jewels upon women not of the meanest ranke as is indecent to put them in mind of They then reckon up a long list of Monopolies and Patents of Soap Pins Leather Sugar c. Whether the said Patents were legall or illegall there can from thence no just fault be laid upon the King He is in point of Law to be advised by His Atturney and His learned Councell And there cannot in all the particulars specified any one be instanced in which He did of Himselfe without the Certificate of the Referrees of the legallity of such Grants wherein never Prince was so punctuall as He hath been and it is conceived that it may be with truth averred that in His whole Reign He hath not passed by Patent any one Monopoly without reference and certificate in writing that it might be granted by Law But besides upon complaint this Parliament all grievances have been redressed all doubtfull Patents cancell'd care had for the preventing of the like for the future all referrees and patentees left to justice and all punished but such as the injustice of the Houses have protected Then they come to that which they call the compendium of all oppression and cruelty viz. The Ship-money When Princes are involved in great wants and necessities they are forced to those things which at other times they willingly forbear to presse So it was here The King by His Wars with Spain and France was brought into great necessitys and consulting how He might by lawfull wayes releive Himselfe He was advised to this course of Ship-money by His Atturney Generall Noy as is said who was by all men esteemed a great Lawyer and had been a great propugner of the Subjects liberty The King herein asked the opinion of His Judges and learned Councell And both the Judges the major part of them His Councell did set it under their hands to be lawfull these are the Kings proper councel with whom he is to consult in point of Law are sworn to advise Him faithfully But some and particularly Mr. John Hamden not satisfied with the extrajudiciall opinion of the Judges came to a legall tryall upon the Case in the Exchequer Chamber after a fair hearing and learned arguments on both sides Judgement passed for the King If the said Judges and learned Councel who are sworn to do equall justice betwixt the King and the Subjects to Councell the King faithfully have erred and done amisse in both the greater hath been their fault and offence But herein where lieth the Kings transgression For did he not leave the Judges upon complaint of the Houses to their Justice and were not the said Judges many of them impeached of high Treason Judge Berkley arraigned thereupon for high Treason and made so learned and able a defence that they were forced to withdraw any further prosecution of their impeachment against him It seems they forget that which they declared for Law at the beginning of this Parliament viz. that the King can do no wrong Le Roy ne fait tort upon the very ground of this Case And that the reason why the Law supposed that the King could doe no wrong was for that the Judges and Ministers that did the wrong were responsable for the wrong doing and the persons wronged were from them to be repaired in point of their dammages But it seemeth they are of old Ployden's minde that when the businesse concerneth themselves the Case is altered They then say The King summoned this present Parliament in hope to have Assistance against the Scots He had little reason to hope for any assistance against the Scots knowing as he did who had called them in and that from some Scots themselves from Newcastle whilst he was at Yorke He had gotten notice of the particulars wherewith divers Lords of the English with the King being startled they sent to the Scotish Lords at Newcastle to have right done them upon a Secretary of theirs who had said to some English prisoners whom the Scots had taken at Newborn That their comming in had not beene but by the invitation of the English and had spoken a little too boldly of some truths that should have beene concealed and this divers at Westminster cannot but remember They then say that it was impossible to quash those pernitious Councels without questioning the Authors Whereupon the King shewed Himselfe so passionately affected to such malignant Councellers their Councel that he would sooner desert or forcc his Parliament and Kingdom then alter His course or deliver up his wicked Councellors to Law and Justice Our passions especially that of revenge and malice do not only deprive us of our senses and reason but often bereave us of shame and honesty For besides that they know that the King hath more then thrice in
his publique printed Answers declared That He would except no man of what quality or nearnesse soever unto Him from any legall Tryall according to the Law He did leave unto their Justice the Arch-Bishop of Canterbury the Earl of Strafford all the Judges and whomsoever they would accuse insomuch that they examined and committed the Queenes Confessor and examined the Ladies of Her bed-chamber And their Sergeant at Armes presumed so far as to come into the Kings withdrawing-roome next unto His Bed-chamber to cite and summon Persous of greatest quality and nearnesse unto Himselfe insomuch that out of shame the King hath bin forced to withdraw Himselfe into his bed-chamber notwithstanding that the Law saith that a Lord cannot in the Kings presence seize his slave or villian that hath rnn from him And from the third of November 1640 untill the 10. of January 1641. when the King was driven out of London then was no man Counseller Judge or Person of what quality soever exempt from their Justice And to shew how willing He was to satisfy them that Hee would not interrupt or hinder the course of Justice He gave way to that which some Princes would rather have adventured a War then have condescended unto which was his giving leave to His privy Counsell that had bin sworn to keep secret whatsoever passed in Councell to be examined upon Oath of what had passed in his own Presence most secret cabinet Counsell against one of their own fellows in a capitall Cause which is likely hereafter to cause him to be served with caution when men shall not know how soon they may be questioned for that which they do advise which is in effect against themselves for if one shall be accused of Treason the rest likewise may be questioned for Concealment They speak of some that fled fearing to be questioned certainly they had great reason so to do when their proceeding was such as not to be guilty but only to be accused was certain ruine or imprisonment for many yeers divers having languished two or three years in Prison the Arch bishop of Canterbury was almost four yeers in prison before he was put to death And such as observed the proceedings with the earl of Strafford would not willingly how innocent soever fall into their hands if it were to be avoyded for they may remember how by the procurement of some amongst them tumults multitudes surrounded the House of Peers crying Justice justice and they would have the Traytors head They may remember their posting up of 59. Members of the house of Commons that would not give their Votes to the Bill of Attainder of the Earl If they have forgotten it their own Historiographer Mr. May may put them in minde of it They may likewise remember that at the same time upon an empty Tun rolled from a Tavern doore a list of the Lords names whom they called Malignants was read in the midst of that rabble in the Palace yard and although the House of Peeres then represented these violences to the House of Commons they could never obtein their assistance to suppresse them or to declare against them and they may remember whether it was not said amongst them that they should doe ill to discountenance their freinds On the other side let it be remembred how many Counsellers who have bin Actors in all the pretended Exorbitancies of the Star-chamber Councel-table high CoÌ„missiion being once become persons in whom they might confide were left unquestioned Let them remember that when they expelled all such Monopolers as they judged affectionate to the King whether they left not some others of their favorites sitting amongst them untill this day But for that it would be too long to instance in many things of this kinde as having imployed the most infamous Projectors and Catchpoles in their service they shall only be put in minde of one particular of an eminent Member of their House who would have presented a Petition agâ—inst a great Counsellour who was much favored by Mr. Pym and others who having gotten notice of the Contents thereof would never permit it to be read in the House but the said party having worn out three Copies in his pocket engrossed it in parchment but ever when he stood up to speake Mr. Pym or some other appointed to watch him interrupted him with speaking to the Orders of the House which are alwayes to have the precedency this for many months together insomuch as the said petitioÌ„ could never be read As for the Kings deserting of His Parliament it hath bin so often answered that it is a shame to repeat it only this shall be added that the King did not desert his Parliament but was forced in great haste to fly for the safety of his Person which would the next day have bin in great hazard of being seized And although this present house of commons be not charg'd wth any such intention such resolutions passing few hands and that there are very few left there now that were trusted with that secret yet it hath bin confessed and is under the hand of a person that hath bin very active in their service and who should have bin a principall Actor in it Then followeth that thread-bare businesse of bringing up of the Northern Army so often objected and so often scorn'd by those that knew the mistery of it which if the King had endeavour'd to have won to His service and full adherence He had done like a wise and prudent Prince neither had there bin any cause for the concealing or not avowing of any such endeavour if it had bin so For it is well known by whom that army was endeavour'd to be seduc'd from the kings service from the Earl of Strafford who was their Generall nor was the Earl ignorant therof neither would he have fai'ld in his proofs having it in his thoughts speedily to have impeached severall persons of high Treason for tampering with the said Army as is well known not to a few sitting still amongst them at Westminster but they by their diligence got it by the hand by impeaching him a day or two before his impeachment against them was ready which cost him his life Besides they know the person that started this hare among them hath often clear'd the king that it was impossible that the K. should know of the proposition of the bringing up the Army wch was his own motion was by some rejected as a thing too high not liked by others for that he would have the cheif command of the Action which would not be condescended unto whereupon out of discontent he went immediately and made his discovery to the lower house without ever seeing the king but there had been some speech before of a petition to be procur'd from the Army which was published what knowledge the King might have of preferring such a petition is not known to the writer of this answer but the
party that first gave the houses notice of this busines hath often sworn that all he said concerning the King in this businesse was in relation to the said petition but that the King could never have nor had notice of the proposition of bringing up the Northern Amy for that being his own motion he presently seeing it disapproved especially his having the cheif Command and Conduct of the Action revealed it before the King could possibly have knowledge of it which party is yet living and certainly will avow as much But presupposing the King should have gotten knowledge of the motion which doth in nothing appear the King seeing the great tumults the great hazard that his own person was in as well as the freedom of Parliament might He not have reason by His own Army raised by Himselfe and payed by His own moneys as it had bin for many moneths endeavored to have secured His own safety and the freedom of Parliament without cōmitting any such crime as meriteth to be deposed or used as now He is Let it be compared with that which the now prevalent Party in the houses have don who seeing themselves like to be over-awed by the presbyterian party finding no other means not to be overborne thought it fit to have recourse unto the present Army of Independents although the then house of Cōmons had voted a petition of the said Army to be burnt such to be enemies of the State as should adhere thereunto yet the army was drawn up towards London the house forced to sequester eleven of their most eminent members when the City or Apprentices had restored the said 11 Members as they had in former times don the five Members the Speaker all such as had deserted the parliament had fled to the army were by force again reestablished the new Speaker M. Pelham was unchaired and all that party were driven away some forced to fly others were impeached the now prevalent party possessed themselves again of the houses the power they now have of deposing the King keeping of Him Prisoner There is a great dfference betwixt what they have really don by this army for the turning upside down the Parliament and what was ever spoken of of the Northern Army But Successe and Power will make the same things though acted commendable in those that prevail which they will have capitall in those who never passed further then discourse They then begin to speak of the tyrany towards Scotl. Ireland c. For that of Scotland which is formerly answered I shall only ad the ful satisfaction which the Kingdome of Scotland received by their own acknowledgment expressed by a petition made since the Kings last coming from Scotl. viz. That Whereas The Kings most sacred Majesty's royall zeal constant resolution of maintaining the true Religion preserving the laws liberties of these kingdoms is so undoubted that to call it in que c. could not be construed in any but an unchristian distrustfulnes in us his Ma. Subjests of this His aucient native kingdom the height of disloyalty ingratitude if we should harbor any scruple or thought to the contrary having so many real recent evidences of his Royall goodnes justice Wisdom in setling establishing the trne Religion the Laws Liberties of this His kingdom to the full satisfaction of all his good subjects And nevertheles prerceiving by his Ma' Declarations other printed papers that foul malicious aspersions are cast on his Ma. tending to be and his sacred person deprave his royal Govern ' c. we conceive our selves bound in duty to almighty God by whom we have sworn to defeud maintain the person greatnes authority of our dread Soveraign Gods vicegerent to the utmost with our means lives in every cause which may concern his honor as may apear by that which by the warrant of the Act of the generall Assembly we have all sworn signed to our king country and to that we ow to our honor reputation to represent to your Lps. the desires we have to expresse make known to his Ma. all the world that we are fully satisfied and perswaded of his Majesties royal zeal resolution that malice detraction cannot prevail to make the least impression in our loyal hearts of jealousie or distrust And therfore we have taken the boldnes humbly to petition your Lps. That as his Majesty hath graciously condescended in his letter to your Lps. printed by your warrant for satisfaction of his good subjects to expresse his Royal goodnes desire that all grounds of jealousy may be kept and removed out of the hearts of his good Subjects of this Kingdom So it may please your Lordships to think vpon some course that his Majesty reciprocally may be cleered and assured of our constant affection c. and that we are not so unthankefull to God or to his Vice-gerent nor so little tender of our own honor and credit as to forget so soone that duty incumbent to us by so many obligations and so often promised by us in our foresaid solemn Oathes which are published to the view of the whole World c. As for the Rebellion in Ireland they make use of this to the same end they do of all things else in their Declaration That knowing that horrid rebellion to be so detestable to all men as it justly deserveth they would fain draw part of the hatred of it on the king although it be with never so improbable or false pretext And they think in the meane time that it will serve the present turn of making the king odious till He may have means to cleer it by His answer which they never intend to afford Him untill they have established their tyranny and then they will not care to be fought against with papers But their Declaration in this point of Ingland besides that the points conteined in it have been so often answered in print doth so confound all times all actions either in the War or whilest there was a Cessation and all the circumstances and reasons which may justify such actions at one time as might be blameable at another that the answere must be applyed to the generall Scope of the Declaration which is to insinuate unto the world that the King did abet and favour the Rebellion which not only the Kings many Declarations but his reall and effectuall actions do evince of falsehood and detestable malice For He did wholy put the Irish businesse and the prosecution of the businesse into the hands management of the two Houses and consented to an act of parliament giving them power to raise men mony and all other necessary provision for that war notwithstanding that they had subtilly inserted into the preamble of the said Act a clause debatring Him and His successors from the power
of levying men by way of presse without consent of Parliament although it had beene alwayes used by His Predecessors But such was their art by the inserting of the said Clause that they would either gain the disclaiming of that power to presse men or else would render the King odious by publishing his refusall to doe that which by the Houses was thought necessary for the suppressing of that horrid Rebellion This artifice hath been since used by clogging most Bills which would be plausible to the people with some clause or parenthesis of great prejudice unto the King which He hath been often forced to passe by to avoid the distaste which the denying of those plausible Bils would have brought upon Him so He did in this Besides this his concurrence in all that was desired of him being at Yorke having some beginning of power he offered to have passed in person into Ireland for the subduing of those Rebells and to let the world see that He desired rather ro imploy those forces against the Rebels in Ireland then by them to raise the least jealousie of raising a war in England But this His Majestyes offer was by the Houses rejected and the King did then see that the forces and the moneys that were levyed by his consent and Commission were in part imployed against Himselfe to strengthen pay the forces that were designed to march against Him whereby the War of Ireland which had beene most prosperous under the wise and faithfull Conduct of the Marq. of Ormond for which the Houses sent him publique thanks a present began to be very dubious by their neglect their applying of the moneys forces pretended for Ireland against the King so by degrees the English Armies in Ireland were reduced to those great streights for want of pay provision by the ill Conduct of the Houses that after many sollicitations both to the King and Parliament by which little or no releife was obteined there was a necessity of coming to a cessation of Armes for one yeare which was done by the advise of the Councell of Ireland at the earnest petition of the Lords of the cheif Officers of the Army of whom the Lord Inchiquin was one as appeares by their own booke of Exact Collect. page 344. To 2. where likewise the necessity of the said cessation is at large set downe And the King seeing Himselfe much over-power'd like to be overborne by the Rebels in England was inforced to make use of the forces offered Him from Ireland who were there ready to sterve which certainly would have beene a great imprudence in Him not to have done and is as great an impudence in them to charge this as a fault or crime upon the King to assist Himselfe of His own Subjects for His defence when they at so great an expence to the kingdom have hired in a forraign Nation the Scots to subdue Him Next they alleag concerning the proclamations That though they declared that the Rebels in Ireland stiled themselves the King Queens Army yet they could not obtain a proclamation against them in divers moneths then also but 40 Copies might be printed c. The first perfect advertisement of the Rebellion of Ireland came to his Majesty Counsell in England from the Lords Justices Sir William Parsons and Sir John Burlace and Councell of Ireland wherewith they sent the draught of such a Proclamation as they conceived best for the suppressing thereof and because those Rebells did pretend that what they had done was for the service of the King and not without some authority from him it was by the said Lord Justices Letters desired that 20 copies of those Proclamations might be sent over signed by the Kings own hand whereas the usuall course was to send over only one so signed that besides those which they were there to print and publish after the usuall manner they might send some of the Originals so signed to some of the chiefe of the Rebells to manifest the falshood of the said traiterous pretence And though Proclamations which the King Signes either for England or Ireland never use to be printed yet it was now for better expedition held fit by his Majesty the Lords of his Councell whereof divers of those now sitting in the house of peers at Westminst. were then present that those 20 proclamations his Majesty was to signe should be printed and the Secretary being directed to cause it to be forthwith dispatched did accordingly presently send a warrant to the Kings Printer to print about 40 Copies and to send them to him for his Majesties service and to deliver out none to any other for that those were to be Originals for the Kings signature only to be by them reprinted in Ireland according to the usuall course And to have any copies of them dispersed in England before they were proclaimed in Ireland where they were principally of use as it was never practised so it was conceived it might have bin of some prejudice for that the said Irish Rebels who had forged the former false pretence might if they had gotten any Copy thereof before they had bin proclaimed in Ireland have divulged some other traiterous fiction to have rendred the Proclamation of lesse credit with their party so have frustrated the good which His Majesty and his councell of both Kingdoms did hope that proclamation would have effected And whereas it is alleaged as a fault that there were but 40 of those Proclamations sent into Ireland it is well known to the Lords of the Councell now sitting at Westminster that it was twice as many as was desired And whereas they say that the Irish Rebels called themselves the King and Queens Army It is the constant practice of all Rebels at the begining to countenance their Rebellion with the pretence of the Kings service and that they take Armes against the oppressions of evill Councellours and Ministers that seduce the King The like was done by themselves at the beginning who only pretended to remove Malignants and evill Councellors and to bring Delinquents to punishment and then their war was in the name of King and Parliament as some of their own have not of late forbore to put them in mind But now it is to remove the King from the government and to settle another of their own making without the King or against Him For the disbanding the Irish Army although the King had great reason to demur upon it yet such was his desire to gratify them that He condescended unto it themselves consented that they should take any forreign imploiment whatsoever but afterward would not give way to the transporting of them by that meanes much strength was added to the Irish Rebellion all which they themselves cannot deny And upon such malicious false inferences as these depend all or most of their instanced Accusations in this their Declaration They say the
neuters Besides the ridiculousnesse to conceive any such offers could be made they doe not so much as offer at any kinde of proof but follow their rule held throughout in all this their Declaration audacter accusare aliquid haeret accuse boldly somwhat will stick They have all the Kings Letters and Cabinets and it is not likely that any so great transaction could only have been verball But if the King should have made this impossible offer or any other should He not have done like a prudent and good Prince to have called His own Subjects from the adherence to His Rebels to their own Loyalty and Duties though it should have bin by out-bidding of them After the Kings returne from Scotland the great quantity of fire workes found in Papists houses No naming where nor when nor by whom the Papists should have subdued the kingdom only with granadoes and fire-works without any foote or horse but those that about that time they had discovered to be kept under ground O how contemptible is it for a House of Commons to abuse the kingdom with such squibs Then they say Morters with great peeces of Battery were mounted against the City and such Officers placed in the Tower as were not only suspected by them but by the whole City who durst not abide in their houses as by their severall Petitions is manifest They doe not say that one gun was ever shot and they know that no one man did for feare forsake his house nor any one Act of injury or Hostility committed towards them As for the Lieutenant of the Tower they would confide in none but such as a few factious men of the House who had conspired with a great party in the Citty did appoint The King to give them satisfaction removed Sir Tho. Lunsford then put in a Gentleman of remarkable honesty and worth and of great fortune Sir John Byron against whom no exception could be taken but that he was not of their party against him when no other pretence could be found they alleaged that if a Person were not put into the Tower in whom the Merchants might confide there would be no more money brought into the Mint And although a hundred thousand pounds caution were offered on the behalfe of Sir John Byron yet nothing would satisfie unlesse the Tower were put into such hands as they pleased to nominate and it was publiquely avowed that if it were not speedily done they would seize it by force and to that purpose they caused multitudes every day to come to the House whilest that businesse was in agitation And as for the Petitions they know that they were all of their owne making and whosoever Petitioned without their Order or not suteable to their sense were severely punished as in the Petition of Kent and many others only such as they had ordered to be delivered to the Houses and when they had no reason to uphold their demands they then made use of tumults and seditious and threatning Petitions in stead of other Arguments these they ever countenanced and supported as they did in this case of the Tower when they caused Petitions to be delivered desiring to know the names of the Malignant Lords that obstructed the businesse of the Kingdome and refused to assent to the Votes of the Commons and they would right themselves by the remedy next at hand by which they meant their swords and clubs in their hands and thereby forced the Votes of the Lords as it is pretended was done by the Apprentices at Pelham's Parliament insomuch that that which had bin voted by 42. Lords for the not removing of Sir Iohn Byron from his Lievetenancy of the Tower was now carryed by 16. or 17. votes only contrary ro the orders of the house that such things as upon the question had beene once setled might not again that Sessions be put to the question And by the threats of their Petitions the noise and tumults at the doores by the multitudes the intimation of danger from the House of Commons and from the enraged People which they feared would not be in their power to prevent and by the Lords of the Party who most boldly contrary to the essentiall freedom of Parliament relying upon their friends at the doore voted all such as should continue to dissent from the House of Commons to be Enemies of the State whereupon most of the Bishops and Lords fearing to be reformed by the remedies next at hand held it wisdome to withdraw themselves only 14. of above fourty that had formerly voted the contrary withdrew themselves and so the Lords of the Party over-ruled it And this narration will appeare to be true by the Booke of the House of Peers if they have not since thought fit to expunge it So that it is thought very strange that the wisdome of the House of Commons by calling to minde the use that they have made of Petitions should give cause to have the memory of such shamefull proceedings to be revived They then say that from this time the track of open force began to appeare They first instance the Kings charging some of both Houses of Treason the Kings desiring to have some tryed by due course of Justice never before denyed to any King and in their owne remembrance practised and by the House of Peeres allowed must now be accounted a Crime and an Act of open force in the King but forget how many of their Members the Army hath impeached and forced to fly They then speake of the bloody Tragedy intended by the Kings comming to the House of Commons if the affections of the City had not prevented it If there had been any bloody tragedy intended by the Kings coming to the House it would have been the same day put in execution before the City could have prevented it But they may remember if they please the testimony of Cap. Ashley taken be fore a Committee of both Houses at Grocers-Hall if it bee not suppressed wherein hee declared That the King at the upper end of Westminster-Hall before he went up the stayres to the House of Commons charged all those that accompanied Him except some few ordinary Servants not so much as to come to the staires nor to offer violence or injury to any Person upon pain of their lives Further the King in that point did let himselfe downe so low to give them satisfaction as was never done by any King towards His Subjects but nothing but the dis-throning of Himselfe and leaving the Soveraignty is fit for them to accept They say that the King entred a Protestation into the Councell booke that His calling of them a Parliament did not make them so And therein He said very true that His calling of them a Parliament doth not make them a Parliament that can be only done by His Writ no more then His calling them no Parliament doth make them to be no Parliament But it is true before His restraining of himselfe hee
could when hee pleased have dissolved them But if they have committed Treason or Felony and that that which their Oracle Sir Edw. Cooke Mr. Solicitor and that reverend old Eleazar Judge Jenkins doe say be true That Treason and Felony do supersede all priviledges of Parliament And although a Corporation cannot commit Treason yet every person of the Corporation may and if one then ten if ten then a hundred and so all And if that House have had the ill lucke to commit Treason or Felony although the King by reason of His restraint should not dissolve it yet it may become Felo de se and may destroy it selfe And it is much doubted whether the King can raise them from the dead Then they come to their standing amazed at the Kings solemn Protestation of having never any thought of bringing up the Northern Army or levying of forces to wage war against his Parliament or to invade the rights of his Subjects or bringing in of forreign forces They should have done well to have set downe the date of the said Declaration as likewise the particulars wherein He hath satisfyed His said Protestations and not to have kept themselves still upon the fraud of generalls nor confounded the times before they had entred into Armes with the times after the King had proclaimed them Traitors and Rebells times and circumstances do often justly alter Councells and make those Actions necessary and good which without them might have appearance of blame But if the particulars shall be set down with the times and circumstances the falshood as well as the malice will appeare of their so often reiterated reproaching their King with breach of Oaths and protestations They doe farther then charge the King that He endeavoured to get out Cannon Powder and Shot out of his own stores and they have a letter to that effect to Sir Iohn Heyden They say likewise that Hee did attempt to have forced Hull in an hustile manner Two such faults in the King as doe marvailously justify their resolutions and usages of him which they set down to be the Scope of this Declaration In the one the King would have imbezel'd His own proper goods and in the other He would have come into his own Town had not the Traitor Hotham kept him out for which they have given him such a reward as others may justly expect if their repentance and the Kings goodnesse doe not prevent it It was not long they say before the King proclaimed them Traitors and Rebels and set up his Standard against the Parliament which never King of England did before Himselfe Herein they are mistaken for the King did not set up his Standard against His Parliament His Parliament was never named at the setting up of His Standard but it was set up against those whom Hee had first proclaimed Traitors and Rebels which hath bin often done by the Kings of England And so did His Majesty now against an Army marching toward Him to surprise His Person and that within few dayes after gave Him a battell and did their best to have slain Him under the command of the Earle of Essex with whom they had all sworne and protested to live and dye But that which they say that never any King before set up His Standard against his Parliament it is true for no King ever needed a Standard against His Parliament for that at their pleasures they could dissolve it with a breath and so might his Majesty have done now had not His goodnesse and unprovident desire of gratifying them restrained Him by assenting unto that Act for the continuance of this present Parliament which they themselves protested in one of their Declarations they would never make use of to the Kings disservice but only to the ends for which it was granted viz. to be a security for the raysing and paying of moneys which how they have performed let the world judge it is then said the King called a mock-mock-Parliament at Oxford It is true that the King having declared the Members sitting at Westminster to be Traitors and Rebels and Treason as themselves have often acknowledged discharging all Priviledges Qualifications Capacitie or abilities to act as a Parliament the King was enforced to call to His Councell and Assistance His loyall Members of both Houses that had bin wrongfully or by force and tumults driven from the Houses at Westminster and to require of them in His so great distresse their helpe and advice but it is conceived that they will not be able to shew that the King ever stiled it his Parliament but an Assembly of the Members of the Lords and Commons convened at Oxford And for that which they instance of private letter intended only for the sight of the Queene His Wife they will faile of the end for which they produce it which is to withdraw the affections of His faithfull Servants which they call His own Party from Him by telling them that they may perceive what reward they may expect when they have done their utmost and ship wrack't their faith and consciences to His will and tyranny But his party as they terme it which are His faithfull and loyall Subjects as they have already most of them lost their Estates and Fortunes for their Conscience and Loyalty to Him so they will sacrifice their lives willingly for His service and restitution And as for that by-name of a mock-Parliament which they give unto that Assembly They may remember that there was double the number of Peers more then remained at Westminster and for the Members of the House of Commons they much exceeded in their Estates and Fortunes all those that were left behind them They may likewise remember that they have not wanted their by-names in print as the Jugles Hocas-pocuses at Westminster and by some who have ever adhered to them have been stiled a Linsey-wolsoy-Parliament and their own Army in their Declaration have called them a Parliament swayed by a factious prevolent party that governed by an arbitrary tyrannicall Power These things I must confesse are set down by me that have been a Member of the House of Commons with great grief remembring the respect and reverence which in former times was born unto that House and now changed into so great Scorn and Derision as weekly comes forth in print They then adde His often breach of trust with the Protestants of France Scotland Ireland and England with all other His unjust oppressions and His often endevours to enslave them by German Spanish Lorraign Irish and Danish and other forrein forces Those other forces must certainly be of Turks Swedes or Polands for they have particularly recited almost all other Nations when now in all this their Declaration except such from Ireland who were His own Subjects and who were bound in duty to come to the succour of their King being invaded by a forreign Nation called in by them to conquer Him they have not been able to instance in so
Certainly they have done ill to passe by their many reasons for these few have been much too weak to support so great a weight as the wickedness of their deposing their King and the using of Him as they do and it is to be beleived that they would make use of the best of those reasons having so great store out of which to make their choice In the next place they say They will notwithstanding indeavour to settle the present Government as may best stand with the Peace of the Kingdome It is likely indeed to be a righteous Government and to last long that a prevalent party in the House of Commons shall settle without the King and against all Law WHAT hath been hitherto said hath been to shew how free the King is from the Aspersions endeavoured to be cast upon him by this Declaration together with the great malice and falshood of it First many things in matter of fact are most untrue as that the King should have a hand in the Irish Rebellion That there was a Designe of a generall Massacre of all the Protestants in England That the Spanish fleet that came into the Downes 1629. was to enslave the Subjects c. with many more such ridiculous falshoods Other things are perverted by false application of the facts as that the Horse that were spoken to be raised in Germany were for the enslaving of England whereas the truth is that if that designe had gone forward as it did not it had been to recover the Palatinate In other things were the facts untrue by concealing part of the truth and the circumstances which do clearly justifie the said fact The Malice and Fraud of the Declaration is made most apparent as when they speak of slitting of noses branding of faces cutting off eares the facts were true But they conceal that all these things were done by course of Justice against notorious Malefactors And so that which they should have called Justice they now bring for an instance of Cruelty Fourthly it is remarkable that all the greivances complained of throughout the Kings whole Reigne though wholy redressed according to their own desires yet they are recharged and the redresses not spoken of So likewise are all the Objections which they have formerly made either of the passages of the War or concerning the Treaties although they have by the King been formerly fully answered yet they obtrude upon the people all the said objections and conceale from them the Kings satisfactory Answers and all this in so venomous and spitefull a language that it is plainly to be seen that their end is to make differences irreconcileable and the King odious that they may have the more colour to destroy Him It will now be necessary to speak a few words of their other Proposition viz. that a King that should be culpable of those Crimes suggested in this their Declaration may be proceeded against as they do now proceed with the King for to that end they have written this Declaration as conteining the reason of their Resolutions and Proceedings This position is worse and more dangerous then their present Rebellion for that by Gods goodnesse may soon have an end but this Position is a source a seed-plot and nurcery of perpetuall Rebellions So much hath been written by all sorts of Christians against this damned Maxime that here it shall be very briefly spoken of and onely shewed that it is full of Impiety Perjury and Treason Impiety towards God who hath in his holy word so often commanded obedience to the Powers by him ordained over us and hath prohibited Resistance upon pain of Damnation and that to Heathens Tyrants and Persecutors of his Church even to that monster of mankind Nero Perjury by breaking so many Oathes Protestations and Covenants of bearing unto the King true faith and allegeance of defending His Person and Honour with all His just Rights and Dignities Treason the levying War against the King the adhering to His enemies the indeavouring to alienate the hearts of the Subject from the King to remove the King from the Government or to imprison His Person to subvert the Lawes to indeavour to change the government either Ecclesiasticall or Civill to reforme the King by force and many other things are by the Lawes and Acts of Parliament and not by Ordinances declared to be Treason and most of them so confessed by themselves this Parliament to be so and for the pretence of some of them the Arch-bishop of Canterbury and the Earle of Strafford lost their lives And here I shall leave that damned Position that Subjects may depose their lawfull hereditary King for so the King is in effect upon suggestions of His failings or any other cause whatsoever It remains yet to speak something of the Scope of their so bitter railing and reviling of the King with so foul a pen as Tyranny Cruelty betraying breach of Oaths c. which is to make Him odious for answer whereunto there shal be only offered unto the world and them such truths of the King and his Deportments as the fiercest of His enemies shall not deny He is known to be a Prince of a most pious life which He daily sheweth by His constant practice of all Acts of devotion as Prayers Sermons and frequent receiving of the holy Sacrament No blood hath been drawn by his Anger or Revenge no noble Family dishonoured by His Lust no Debauchery or Excesse hath received encouragement by His Example no Oathes or Profanesse have been heard to come out of His mouth His prudence ability invincible courage and industry are not unknown to themselves nor His patience and composedness of minde in the highest afflictions and wrongs that have ever almost befallen any King and lastly his goodnesse and clemency in desiring to put all by-past Injuries into perpetuall oblivion Let these His known and undenyable vertues besides His Royal Deâ—â—â—â— and undoubted Title for six hundred years in England and of 108 Kings in Scotland be put into the ballance against all those malicious and 〈◊〉 Aspersions that have been raked together against Him and then let it be judged whether it will not be an ill change for the people to leave the subjection and Government of such a Prince to put themselves under the Tyrannie and Arbitrary Power of such a Parliament and such an Army One thing more shall onely be offered to the consideration of the People whether if the Houses should condescend to a Peace upon no more then what the King offereth besides all the Concessions He hath granted this Parliament and what He hath offered from Holdenby from Hampton Court and Carisbrook Castle before cited the English Nation should not be the freest and happiest Subjects in Europe And whether if they continue under the present usurped Power of the House of Commons and the Army for the Lords serve now onely to be subservient unto them they shall not be the most miserable of all people by having their Religion Lives Liberties and Lawes changed and to be disposed of by the Wils and Arbitrary Power of their fellow-Subjects It is againe desired as it hath been in the beginning of this Answer that what is herein set down may onely stay mens judgements and put them into a deliberation untill the King who hath perfect knowledge and information of all the particulars which in many things are wanting to the Writer hereof shall Himselfe set forth His full Answer which is not likely to be long for that those who have the worst opinion of the Proceedings of the House of Commons cannot suppose them to be so irrationall and barbarous as not to let the King have a sight of this their Declaration and to afford Him all necessary means of making and publishing His Answer FINIS