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

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Seale of Ireland since the cessation 15. Sept. 1643. And whatsoever Honors have been conferd by that Seal since that time And now let the world judge also whether it be fit for Subjects to offer such Propositions to their Soveraign whereby you take away from the King and from the Crowne t he chiefe Power and Government of the two Kingdomes of England and Ireland and would settle it in the two Houses of Parliament And we appeale to your own Consciences whether ever any Protestant Parliament made the like assaults upon the King And whether ever any Popish Parliament attempted the like against the Crown Also let the world judge whether the King did not offer Propositions fit for you to receive at the Treaties both of Oxford and Uxbridge The Kings Propositions Exact Col. p. 912. 1. THat his Majesties own Revenue Magazine Townes Forts and Ships which have bin taken or kept from him by force be forthwith restored unto him 2. That whatsoever hath bin done or published contrary to the Lawes of the Land or derogatory to his Majesties Legall and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out for the future 3. That whatsoever illegall Power hath been claimed or exercised by or over his Subjects as imprisoning their persons without Law stopping their Habeas Corpusses and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any persons appointed by any of them be disclaimed and all such persons so committed forthwith descharged 4. That as his Majesty will readily consent having done so heretofore to the execution of all Lawes already made and to any good Acts to be made for the suppressing of Popery and for the firme setling the Protestant Religion now established by Law so he desires that a good Bill may be framed for the better preserving the Book of Common Prayer from the scorn and violence of Brownists Anabaptists and other Sectaries with such clauses for the ease of tender Consciences as his Majesty hath formerly offered 5. That all such Persons as upon the Treaty shall be excepted out of the generall Pardon shall be tryed per Pares according to the usuall course and known Lawes of the Land and that it be left to that either to acquit or condemn them And now we appeale to your own Consciences whether it were not fit for you to have received and acquiesced in these his Majesties Propositions for conserving the rights of the Crown the Law of the Land the Liberty of the Subject the establisht Religion and the Fundamentall Justice of the Kingdome who when you published your Propositions for bringing in Money and Plate June 10. 1642. declared Exac Col. 342. that whatsoever is brought in shall not at all be employed upon any other occasion then to maintain the Protestant Religion the Kings Authority and his Person in his Royall dignity the free course of Justice the Lawes of the Land the Peace of the Kingdome and Priviledges of Parliament But if his Majesties Propositions were not yet his Condescentions to your Propositions tendred and published before this your Declaration were doubtlesse not unfit for you to accept The Kings Condescentions to the Parliaments Propositions 1. Concerning the great Officers of State c. See the Book called the Kings most gracious Messages for peace p. 86. That their Patents and Commissions being taken from his Majesty they should be nominated by the two Honses of Parliament during his Majesties Reigne and afterwards to return to the Crown 2. Touching the Church Government See the Book called the Kings most gracious Messages for peace p. 85. That the Presbyteriall Government be legally permitted to stand for 3. yeares provided his Majesty or any others who cannot in Conscience submit thereunto may have free practise of their own Profession And a free debate be had with the Divines at Westminster 20. of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the two Houses how Church-Government after the same time shall be setled as is most agreeable to the Word of God 3. Touching the Militia p. 86. That the whole power of the Militia both by Sea and Land shall be ordered by the two Houses of Parliament during his Majesties Reigne yet so as all Commissions and other Acts concerning the Militia be made and acted as formerly and after his Majesties Reign all the Power of the Militia shall return entirely to the Crown as it was in the times of Q. Elizabeth and King James of happy memory 4. Touching his Majesties Proclamations and Declarations against the two Houses and their Proceedings p. 88. That he will consent to an Act of Parliament for making them null And he further proposeth as the best expedient to take away all seeds of future differences that there be an Act of Oblivion to extend to all his Subjects 5. Touching the taking of the Covenant p. 66. That though his Majesty be not therein satisfied yet he will make clearly appeare both his Zeale to the Protestant Profession and the union of these two Kingdomes which he conceives to be the main drift of the Covenant 6. Touching the Treaties between the two Kingdomes p. 68. That he would agree to all things that are propounded touching the confirming of the Peace of the two Kingdomes 7. Touching the Payments of the Publique debts p. 87. That he would consent to such Acts as the two Houses shall agree upon 8. Touching the Court of Wards p. 87. That his Majesty would consent to an Act for taking it away so as a full recompence be setled upon his Majesty and his Successors for ever hereafter 9. Touching Ireland p. 88. that the Cessation there is long since determined And for the future that his Majesty would give you full satisfaction concerning that Kingdome 10. Touching the City of London p. 69. That his Majesty consented to all the Propositsons concerning it 11. Touching the Acts passed under the great Seales p. 88. his Majesty promised after perusall of particulars to give you satisfaction to what may reasonably be desired by you And now indeed hath his Majesty offred such Tenders to you as were not fit for him to make nor for you to receive but in order to an Accommodation and peace And we cannot but be sensible of his Majesties grace and goodnesse to us who was pleased to condescend even to the dethroning of himselfe for our Peace and quiet and we cannot enough blame you who would not accommodate upon these Condescentions but rather renew the War again And being as you were pre-ingaged against Monarchy you could not deem any thing fit for you to offer or accept that came short of your design And to it have you sacrificed our Peace also You go on with the same confidence and declare
Col. p. 349. that he would not engage in a War against the Parliament except it be for his own necessary defence and safety against such as do insolently invade and attempt against him or such as shall adhere unto him After that you had declared all those Delinquents who had withdrawn themselves to York and should persist to serve the King And so his Majesty did nothing contrary to his Protestations in protecting Berkwich whom you had sent for as a Delinquent for his endeavour to regain Hull to his Majesties obedience June 10. 1642. Exact Col. p. 339. you published Propositions and orders for bringing money or plate to raise an Army for the defence of the Parliament Whereupon his Majesty set forth a Declaration June 16. Exact Col. p. 351. disavowing any intention to levy War against his Parliament unlesse he should be driven to it for the security of his Person for the defence of Religion Lawes and Liberties of the Kingdome and the just Rights and Priviledges of Parliament And for those ends he excites his Subjects to bring in Money Plate Armes Horse and Horsemen in the close of that Declaration And he sends to Sir John Heydon Lievtenant of the Ordnance for Ordnance Powder Shot and Ammunition June 20. The Commission of array we find to be legall by Sir Edward Cook Instit par 4. 124. a book printed by your own Order and by Just Huttons argument in the case of Mr. Hampden fol. 39. 40. The Guard raised by his Majesty at York we find to have been one Regiment of Trained Bands commanded by their proper Col. and one Troop of Horse consisting of neere one hundred for the most part if not all of them of the Gentlemen of that Shire And the occasion of those Guards we find to be this you sent severall Committees to Hull Lincolnshire and York to perswade the People to approve of what Sir John Hotham had done at Hull and to assist him if there were occasion whereupon his Majesty raised this Guard for his own defence least Sir John Hotham should shut him up at York as he had before shut him out of Hull Concerning the Kings abusing your Committee by the Guard about him we have perused their Letters printed with your Remonstrances and find no such complaint in them The Posse Comitatus we find was never raised the high Sheriff waiting daily on his Majesty Concerning the Kings proclaiming the Parliament Traitors Exact Col. p. 185. We find that the King proclaimed none but such as the Law declareth guilty in the Statute of 25. E. 3. as Sir John Hotham for shutting the Gates of Hul against him and the Earle of Essex for leading an Army against him and he never declared the Parliament Traitors Exact Col. p 376. unlesse in your sense that whatsoever violence should be used either against those who exercise the Militia or against Hull you could not but beleeve it as done against the Parliament And concerning the Kings setting up his Standard c. We find it was not done till the 22. of Aug. at which time the Earle of Essex was marching in Battel arrray against him and if this be so is your proceeding without president Eaact Col. p. 298. your design being against Monarchy it selfe which is more then ever was attempted before for though the Person of the King hath sometimes been unjustly deposed yet the Regall Power was never before this time strucken at as his Majesty hath declared upon your nineteen Propositions presented to him June 2. Concerning the Parliament at Oxford We find that there was neither reall nor mock-Parliament set up there but that the King by his Proclamation invited the Members of both Houses driven away from Westminster to attend him at Oxford that all his good Subjects should see how willing he was to receive advice for the Religion Lawes and safety of the Kingdome from those whom they had trusted though he could not receive it in the peace where he had appointed We remember also that that body of Lords and Commons published a Declaration to the Kingdome at large setting forth the particular acts of Violence by which they had been driven from Westminster and by which the Freedome of Parliament had been taken away which you have not answered to this day And if want of Liberty or Felony and Treason supersede all priviledges of Parliament as we have been informed we doubt for all the Act of Continuation whether you be not a mock Parliament or no and whether you also may not be called a mungrell Parliament consisting of so many kinds of factions as you do And here we cannot but freely declare what we have observed from the beginning of the Parliament That there was in both Houses a party that intended the overthrow of the Government of Church and States which when they could not effect in a Parliamentary way and by free Voting they rais'd and call'd down Tumults from London to drive away those Members of both Houses that opposed them that done the aforesaid party remaining at VVestminster call themselves the Parliament of England and under pretence of serving and securing the Kingdome they enter upon the Militia and take up Armes and will never lay them down till they have wholly altered the ancient and Fundamentall Government of the Kingdome And this is our opinion of your constitution and proceedings Concerning the Cessation in Ireland VVe find by the Letters of the Lords Justices and the Counsell of Ireland to you as well as to his Majesty That the Army was in such extream want there that it could no longer subsist but must either disband or depart the Kingdome and his Majesty being not able to assist them and you who undertook to carry on that war wholly neglecting them the Enemy still increasing in strength and power with the full advice and approbation of the Lords Justices and Gounsell there and concurrence of all the chiefe Officers of that Army that Cessation was made by which only the Protestants of that Kingdome and his Majesties interest there could be preserved Concerning the Peace made in Ireland We find that the Marq. of Ormond only had power to make Peace there and that he refused to make it upon those unworthy conditions proposed by the Rebells and concerning the Earle of Glamorgan we find that his Commission was not to make peace but to give him credit in his Negotiations there for Souldiers Concerning the Kings Protestations against Poperie and his Letters to the Queen and the Lord of Ormond for taking away all penall Lawes against the Papists We find by the Treaties of the Lord of Ormond with the Irish Rebells that if his Majesty would have granted their demands in point of Religion that whole Kingdome would unanimously have declared for him and served him but such was his constancie to his Religion that he would rather hazard himselfe and his affaires in England then accept of assistance upon those
THE CHARGE Against The King discharged OR The King cleared by the people of England from the severall Accusations in the Charge delivered in against him at Westminster-Hall Saturday last Jan. 20. by that high Court of Justice erected by the Army-Parliament which is here fully answered in every particular thereof VIZ. The Parliaments Propositions to the King The Kings to the Parliament The Kings Condescentions to the Parliaments Propositions The Overture of a Treaty at Windsor The Massacre in London by vertue of the Kings Commission The Coronation Oath The private Articles Match with Spaine and the Match of France King James death Rochel The German Horse Loanes and Conduct Money Privy Seales Monopolies Torturing our bodies and slitting noses The long Intermission of Parliaments The new Liturgie sent to Scotland calling and dissolving the short Parliament The summoning this present Parliament The Queens pious Design Commissions to Popish Agents The bringing up the Northern Army The Kings offer to the Scots of the Plunder of the City The Kings journey into Scotland The businesse of Ireland solely cleered The cloathes seized by his Majesties Souldiers The Kings Letter to the Pope The Kings charging the Members with his coming to the House The List of Armes and Ammunition taken in his Papers Cockerains Negotiation to the King of Denmark The Queenes going to Holland with the Jewells of the Crowne The Kings solemne Protestation The King proclaiming the Parliament Traytors The King setting up his Standard The calling the Parliament at Oxford The Cessation in Ireland The Peace made there The Kings Protestation against Popery The Letters to Marquesse Ormond Printed in the first Yeere of Englands Thraledome THE CHARGE AGAINST The King discharged WE unto whom for our Number Capacities and Interests the received and knowne Lawes and Constitutions of this Kingdome more justly convey the Rights of a Representative body of the Kingdome and people of England then unto any power whatsoever now through the wrath of God reigning do hereby freely and from our consciences declare before God and his holy Angells unto the whole world That we are so far from bringing his sacred Majesty unto a Tryall for any other or the Accusations in the Charge given in upon Saturday last against him that we stand fully assured admitting all and every of them true that by the cleare and revealed Will of God in his Word and the Lawes of this Realme he remaines lyable unto that supreme Judicature of Almighty God onely who hath passed an irreversible Act of Humane Indempnity unto him and his lawfull Successors And further whereby the whole world may take notice of the sence that we have of the impious insolence and unparaleld injustice of the present proceedings of the elected high Court of Justice against his Majesty We do from the whole evidence of our Consciences so berly informed hereby fully and absolutely acquit his sacred Majesty from all and every of the Crimes charged against him which as upon diligent enquiry it hath furnished us with matter abundantly to justifie his Majesties Innocence and satisfie our selves so we offer it on his behalfe for full satisfaction unto the world not knowing otherwise how to acquit our selves from the great guilt of the Approbation of the growing impieties of these times The certainty and sufficiency of which satisfaction as what onely is here proposed we will without recriminating unto the party now in power acting against his Majesty perspicuously and clearly demonstrate from the whole processe of matters betwixt his Majesty and the Parliament and the severall Overtures betwixt them since the commencement of these unhappy differences The Parliaments Propositions to the King 1 THat the two Houses shall nominate the Lords of the Privy Counsell and all the great Officers and Ministers of State and the Judges of the Land 2. That the Government of the Church by Archbishops Bishops c. be abolished and the Government to be set up shall be such as the two Houses of Parliament shall agree upon 3. That the Militia both by Sea and Land shall be disposed and executed by the two Houses of Parliament 4. That the custody and Command of the Forts and Castles shall be committed to such as shall be approved by the two Houses of Parliament 5. That all Peeres lately made or to be made hereafter shall not sit or Vote in Parliament but by the consent of the two Houses of Parliament These Propositions we find amongst the 19. which you tendred to his Majesty June 2. 1642. and we have premised them and placed them all by themselves that the world may see the true ground of the Quarrell wherein so much Blood hath been shed the Blood of Fathers Brothers and Children c. and that the world may judge who is guilty of all the Bloodshed Your Propositions concerning Papists we have omitted because his Majesty consented to them The Propositions which follow were added upon the Conjunction with the Scots and upon occasion of the Warres in England and Ireland and were treated upon at Uxbridge and tendred to his Majesty at Newcastle Hampton Court and the Isle of Wight 6. That all the Kings Declarations Proclamations c. against the proceedings of the two Houses be made null 7. That the King and all the Subjects of the three Kingdomes do take the Covenant 8. That there be a Reformation of and a unity and uniformity in Religion according to the Covenant in the Kingdomes of England and Scotland 9. That the Court of Wards and all Wardships be taken away 10. That the Treaties between the two Kingdomes be confirmed by act of Parliament 11. That the joynt Declaration of both Kingdomes of Jan 30. 1643. concerning those that adhere to the King in this War be confirmed by Act of Parliament 12. That an Act bee passed for paying the publique debts of the Kingdome 13. That the Cessation in Ireland be made void and that the Prosecution of the war be setled in the two Houses of Parliament 14. That Religion be reformed in Ireland according to the Covenant and as the two Houses of Parliament shall think fit 15. That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the severall Provinces there and the Secretaries of State Mr. of the Rolles Judges of both Benches Barrons of the Exchequer the Vice-Treasurer and Treasurers of Warres of that Kingdome be nominated by both Houses of Parliament of England 16. That the Militia of London shall be governed by the two Houses of Parliament That the Tower of London be in the Government of the City and the chiefe Governour to be nominated and removeable by the Common Counsell 17. That all that hath passed under the great Seale of England in the custody of the Parliament-Commissioners be valid And that whatsoever hath passed the Kings great Seale since the 22. of May 1642. be made void As likewise whatsoever grants of Offices Lands tenements and heriditaments have passed the great
that you had Sir Kenelme Digby Mr. Mountague and divers others before you in the House of Commons and that when you had most narrowly sifted the businesse you proceeded no farther in it nor against them for it And for Secretary Windebank That he was in the House of Commons after the report made and so you might have proceeded against him Concerning Commissions given to Popish Agents for private Levies c. We find that not the Papists only but the Lords of the Privy Counsell and divers Protestants of the best quality in the Kingdome contributed toward his Majesties Expedition into the North and if by private Levies you understand other Sums collected for his Majesties use we desire to know what they are and untill then we must account this and the other particulars annext unto it amongst the uncertainties of your Declaration Concerning the bringing up of the Northern Army We find that whereas 50000. l. were ordered for the payment of that Army and 10000. l. were taken by an after Order out of that summe to satisfie a new motion and importunity of the Scot some of the Officers of the Kings Army took offence and dislike thereat and in discourse said that they were disobliged by the Parliament and not by the King and thereupon concluded to serve his Majesty in all things that were honourable and agreeable to the Fundamentall Constitution of the Kingdome And that afterwards their discontent being heightned mention was made by some of the bringing up the Army to London and making sure the Tower but that was earnestly opposed and suddainly deserted by the Army it selfe as would have appeared by the second examination of Mr. Goring purposely suppressed by you Wherein also are many contradictions to what you have published concerning this businesse as we find in his Majesties Declanation of the 12. Aug. 1642. Exact Col. pag. 514. which you have not answered to this day And as concerning his Majesty himselfe we find in one of the depositions taken and published by you that when he was made acquainted with it he said those waies are vain and foolish and that they should think of them no more Nor can we find in any thing by you publisht though we have again and again read over the depositions printed together with your Declaration of May 19. 1642. Exact Col p 215 and more particularly those of Sir Jac. Ashley Sir John Conyers and Col. Leg in your present Declaration mentioned we say we cannot find that there was any reall transaction between his Majesty and that Army other then the signing of Capt. Legs Petition Wherein the Army offred their service to the King and Parliament Exact Col. p. 563 for securing them against the violence of Tumults then frequent in London For which reason did not you also call up the Army in Aug. 1647. And we must needs say considering those depositions all other the particulars recited by you as incident to this businesse are to be reckoned amongst the uncertainties and insufficiencies of your Declaration But we have been informed that others have endeavoured to seduce that Army from the Kings service and from the Earle of Strafford their Generall and that the said E. would have impeached them of high Treason for so doing had they not prevented it by impeaching him a day or two before his impeachment against them was ready Concerning the Kings offer to the Scots of the Plunder of London c. We find indeed in one of Sir Jacob Ashleys examinations that Oneal put the question to him Exact Col. p. 229. What if the Scots would be made newtrall And that Sir Jac. answered him that the Scots would lay him by the heeles if he should come to move such a thing for that they would never break with the Parliament But we find not in ought you have published any positive proofe of this charge against his Majesty And therefore we must refer this with what followes concerning Propositions made by Oneal Sir John Henderson and others with Letters of credence from the King to the uncertainties insufficiencies in your Declaration Concerning the Kings Journey into Scotland c. We find that after his Majesty had promised his Scottish Subjects to go into Scotland for setling the unhappy differences there at your intreaty he was perswaded to defer his Journey Exact Col. p. 525 to a day agreed on by your selves and that he took his Journey accordingly And that he left such a Commission behind him as was agreeable to Law and which might be sufficient to prevent any inconveniencies that might arise in his absence though he refused to passe it with that extent which was desired viz. for the Commissioners to consent to all Acts you should passe before he returned from Scotland Nor doth it appeare that the Commissions issued out by Secretary Windebank were other then according to the Law of the Land Concerning the businesse of Ireland Concerning the Kings Letters sent into Ireland by the Lord Dillon seeing you have not published them we must reckon them amongst the insufficiencies and uncertainties in your Declaration As we must that Commission sealed at Edenburgh to the Irish Rebells and the Oaths and depositions of those who have seen it and the promise of it to the Committee of London for the reason aforesaid Though it were an easie matter for the Rebells to take off a great Seale affixed to their Patents and fasten it to Commissions of this kind as we are credibly informed they did to gain credit to their action amongst the People Concerning the Irish Committee we find that they were chosen according to the constitution of that Parliament more Papists then Protestants 7. of the one and 6. of the other Religion sent under the notion of a Committee from the Parliament for redresse of grievances Sir John Temple pa. 13. and under that notion they complaine that the Earl of Strafford had taken a fourth part of the 5. Counties from the owners thereof and intiled the King to it and this is a particular Article of the impeachment against the Earle of Stafford Now the King only released that fourth part to the owners which was equally beneficiall to the English and Irish Protestants and Papists and how can you justly charge both the King for releasing it and Strafford for seizing it Concerning the not disbanding the Irish Army we find that that Army was raised to oppose the Scots invading England and that his Majesty resolved to disband the one so soon as he was affured of the return of the other but wisely considering that it might not be safe for the peace of Ireland if such a Bodie were disbanded as if it were transported his Majesty gave leave to the Spanish Embassadour to transport 3. or 4000. of them for his Masters service which you opposed giving reasons to the contrary at the instance of the aforesaid Irish Committee then at London having otherwise designed the service