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A79846 A full ansvver to an infamous and trayterous pamphlet, entituled, A declaration of the Commons of England in Parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the King. Clarendon, Edward Hyde, Earl of, 1609-1674. 1648 (1648) Wing C4423; Thomason E455_5; ESTC R205012 109,150 177

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Subjects who have not trespassed against any known Law and imprison others with such unusuall circumstances of restraint cruelty and inhumanity that many persons of reputation integrity and fortunes being first robbed and spoiled of all their Estates for not conforming themselves to the wickednesse of the time have perished in prison and very many of the same condition are like to doe so for want of such nourishment as may satisfie nature and whosoever compares the good old Oaths formed and administred by lawful Authority to every clause whereof the consciences of these very men have seemed fully to submit with the Oathes and Covenants injoyned by themselves will have reason to conclude mens Soules were never in so much danger of captivity and that what the worst men underwent for their notorious crimes in the time of which they complain was recreation and pleasure to what all are now compelled to endure for being honest and conscientious men 7. The long intermission of Parliaments is remembred and that at the dissolution of some priviledges have been broken and that followed with close imprisonment and death That long intermission of Parliaments was graciously prevented and remedied for the future long before these troubles by His Majesties consent to the Bill for trienniall Parliaments and the people would think themselves very happy if they had no more cause to complain of the continuance of this then of the former intermission they having during those twelve years injoyed as great a measure of prosperity and plenty as any people in any age have known and an equall proportion of misery since the beginning of this For the breach of Priviledge and imprisonment of Members the Lawes were open for all men to appeale and have recourse to and that single person that died under restraint suffered that restraint by a Judgment of the Kings Bench so that if there were any injustice in the Case it cannot be charged upon His Majesty 8. The Scene is now removed into Scotland and the new Liturgy and Canons with what succeeded thereupon makes up the next Charge aggravated with the Cancelling and burning the Articles of Pacification which had been there made upon the mediation of the Lords If the King had not been so tender of the Act of Oblivion in the Treaty of Pacification between the two Kingdomes that he would not suffer any provocation to incline Him to ravell into that businesse he might easily have freed Himself from all those calumnies and aspersions And it will be but justice and gratitude in that Nation highly to resent that whilst all guilty men shelter themselves under that Act of Oblivion His Majesty who is the only innocent and injured Person should have His mouth stopped by it which is His own expression and complaint in His Answer to the Declaration at Newmarket from any Reply to the reproaches cast on Him in that matter otherwise He might easily have made it appear that that Liturgy and those Canons were regularly made and framed and sent thither by the advice or with the approbation of the Lords of the Councell of that Kingdome and if the putting them in practice and execution was pursued with more passion impatience there then in prudence policy was agreeable the error was wholly to be imputed to those Ministers of that Kingdome who were most proper to be trusted in it however that so generall a defection and insurrection was not in any degree justifiable or warrantable by the Laws of that Kingdom is most certain they having no visible Forme either of Parliament or King to countenance them as the Army hath lately observed And that the Pacification first made by His Majesties mercy and Christian desire to prevent the effusion of the bloud of His Subjects how ill soever was broken by them and thereupon declined by the full advice of the Lords of His Councell by whose unanimous advice the Articles were publickly burned as may appear by the Record in the Councell Book of that transaction 9. In the next is remembred the calling and dissolving the short Parliament and the Kings proceeding after the dissolution That the calling that Parliament was an Act of the Kings great wisdome and goodnesse was then justly and generally acknowledged and that it was in His owne power to dissolve it when He thought fit is as little doubted but that He did unhappily for Himself by false Information in matter of fact and evill advice dissolve that Parliament is believed by all men and upon the matter confessed by Himself and that that information and advice was most pernicious and the rise of all the miseries we have since undergone is not denied and 't is therefore the more wondred at that the charge of that guilt being part of the impeachment against two great persons whose bloud they have since drunk that particular was declined in the prosecution of them both and that though it be enough known by whose false information and instigation that unfortunate counsell was followed extraordinary care hath been taken that he should not be questioned for it which together with the excessive joy that the principall Actors in these late mischiefs expressed at that sad time gives men reason to conclude that it was contrived by those who have reaped the fruit and advantage of the error What the King took from His Subjects by power which He could not otherwise obtain after that dissolution is not particularly set forth and therefore it is very probable there was no ground for the calumny nor indeed was any man a loser by any such Act of His Majesty 10. Thus far the catalogue reaches of the Kings enormous crimes during the first sixteen years of His Reigne to the beginning of this Parliament in which they confesse they proceeded with ease as long as there was any hope that they would comply with His Majesty against the Scots and give assistance to that war but when He found that hope vaine and that they began to question the Authours of those pernicious Counsells His Majesty discovered Himself so strongly and passionately affected to malignant Counsellours and their Councells that He would sooner desert and force the Parliament and Kingdome then alter His course and deliver up His wicked Counsellours to Law and Justice There are not so many years expired since the beginning of this Parliament though it hath been a tedious age of misery and confusion but that all mens memories will recollect and represent to them the folly and the falshood of this Charge It is not imaginable that the King could expect after the beginning of this Parliament that it would comply with Him and give Him assistance in a War against the Scots when He plainly discover'd that they who were like to be and afterwards proved the chief Leaders and Directors in that Councell were of the same party and how far He was from sheltring any Counsellour or Servant from justice or any colourable proceeding of the
fact or to any purpose that may advance their Designes They intercept a Letter directed to the Queens Majesty from the Lord Digby before the War began and declare it would be dishonourable to His Majesty and dangerous for the Kingdome if it should not be opened and thereupon with unheard-of presumption they open and peruse the Letter Her Majesty being within a daies journey of them And when the King caused Sir John Hotham's Letters to be opened which were intercepted after he was in Rebellion They declare that it was a high breach of Priviledge which by the Laws of the Kingdome and by the Protestation we are bound to defend with our lives and fortune One Master Booth a Gentleman of quality of Lincolnshire delivered a Petition to the King at Yorke in which he complained of certaine Gentlemen who as Deputy-Lieutenants had put the Ordinance for the Militia in execution in that County and set forth in his Petition severall Actions done and words spoken by them at that time and both himself and one Master Scroope made affidavit before a Master of the Chancery that the Information in the Petition was punctually and precisely true which Petition and Oath being printed the House of Commons frankly declared That it was false Not to speak of their declaring that the Kings comming to the House of Commons was a trayterous design against the King and Parliament and that His Proclamation which He published for the apprehension of those Members was false So that this sole power of declaring would not stand in need of any other power to subvert the whole frame of Government and so dispose of the intire rights of Prince and People according to the variety of their appetites and humour For they say as some presidents of their Predecessours ought not to be rules for them to follow so none can be limits to bound their proceedings And in truth the inconstancy and contradiction in their rules and resolutions is no lesse observable then the other extravagancy In their Petition of the 14 of Decem. 1641. they declared that the King ought not to manifest or declare His consent or dissent approbation or dislike of any Bill in preparation or debate before it be presented to Him in due course of Parliament yet within few daies after in the Petition that accompanied the Remonstrance of the State of the Kingdome they desired His Majesty that He would concur with them for the depriving the Bishops of their Votes in Parliament the Bill for that purpose being still depending in the Lords House and then not like to passe By the Order of the 3 of January 1641. and many Declarations after they declared that if any Person whatsoever shall offer to Arrest or detain the Person of any Member without first acquainting the House that it is lawfull for him to stand upon his defence and make resistance and for any other Person to assist him in so doing but in their Declaration of the 2 of November following they deny that they had said so and acknowledged that a Member in the cases of Treason Felony or the Peace may be Arrested and detained in ordine to his appearance before the Parliament There would be no end of these instances not to speak of those where the House of Peers have declared the Law one way and the Commons an other as in the Order of the 9 of September 2. The next Charge is the private Articles agreed in order to the Match with Spaine and those other private Articles upon the French Marriage so prejudiciall to the Peace Safety Laws c. What those private Articles were or are is not expressed which doubtlesse would have been if a reasonable advantage might have been hoped from it all those Papers being seized and perused by those who have neither respect to the dignity of their Soveraigne or regard of the honour of their Country The Articles with both Kingdomes were transacted by the great wisdome of King James and cannot be imputed to His Majesty that now is neither is there in one or the other any one Article that was not in the Kings power to agree to in the manner in which he did agree and that neither of them were prejudiciall to the Peace Safety Laws and Religion here established is most evident for that Peace and Safety were never more visible nor the Laws and Religion established did ever flourish more in any age then from the time of those Articles to the beginning of this unhappy Parliament which no discourse of correspondence with Rome can hinder from being acknowledged 3. The third matter objected is a Discourse concerning the Death of King JAMES in which there is mention of a Clause in the Impeachment carried up against the Duke of Buckingham by the House of Commons in the 2 year of this King that the King came into the Lords House and took notice of that Charge and said He could be a Witnesse to clear him in every one of them and that shortly after the Parliament was dissolved and they conclude that they leave it to the world to judge where the guilt remaines During the life of King James and to the hour of his death there was no earthly thing He took equall joy and comfort in as in the obedience piety of His Son who was not more reputed and known to be Heire apparent to the Crown then to be the most dutifull and pious Son in the Kingdome and was never known to displease His Father in His life The King died in the 59 year of his age after many terrible fits of an Ague which turned to a quotidian Fever a disease usually mortall to persons of that age and corpulency of body which K. James was of After His death in the 1 year of His Majesties Reigne there was a Parliament called during which time there was never the least whisper or imagination of the King's death to be otherwise then naturall and yet the King had many great persons in His Councel and there were more afterwards in that Parliament who did not pretend any kindnesse to the Duke of Buckingham many of whom must necessarily have observed or at least have been informed of any Arguments for such a notorious and odious practice and would not have suffered any jealousie that could reflect on the Duke to be untaken notice of By that time the Parliament in the 2 year of the King began one George Eglisham an infamous Scotch-man and a Papist having an ambition to be taken notice of as an Enemy to the Duke transported himself into Flanders and from thence about the beginning of that Parliament sent over a small Pamphlet in the form of a Petition in his owne name to the Parliament accusing the Duke of Buckingham of having poysoned the Marquesse of Hamilton and King JAMES which Pamphlet was industriously scattered up and down the streets in the City of London and the House of Commons being
at the same time incensed against the Duke in their Impeachment or Remonstrance against him thought fit to insert the giving of that Drink and applying that Plaister which was all that was mentioned in that Pamphlet concerning King James as a transcendent presumption in the Duke as is set forth in this Declaration If they had been ingenuous they would likewise have set forth the Duke's answer to that Clause and then the people would have understood that there was nothing administred to the King without the privity of the Physitians and His own importunate desire and Command the applications being such as unlearned people upon observation and experience in those known and common Diseases believe to do much good and the learned acknowledge can doe no hurt And the Parliament continued above a Week after that Answer was put in and no one person appeared in that time to offer the least evidence concerning that Clause and the King might very well in justice to the honour of a faithfull Servant discharge His owne knowledge to free him from so horrible an imputation And after the dissolution of that Parliament all imaginable care was taken to examine the grounds and to discover the Authours of that Suggestion And it is known the miserable wretch who raised the Scandal with great penitence afterwards acknowledged his Villany and died with the horrour of his guilt In the year following there was another Parliament summoned which continued and sate many Months together before the Dukes death and which was not more devoted to him then the former had been where those two Gentlemen mentioned in the Declaration bore great sway and were nothing reconciled to the Duke or the Court yet in all their Remonstrances not the least word of that aspersion all men believing and knowing it to be the most groundlesse that could be imagined After the beginning of this Parliament when the licence of Talking and Preaching seditiously was introduced it was whisper'd amongst some of the chief Agents for the confusion which hath since followed that they would examine the matter of the Death of King James and shortly after the businesse of the five Members when the King was at Windsor and the two Houses governed so absolutely This Pamphlet written so long since by Eglisham was printed and publickly sold in Shops and about the Streets and a very powerfull person of that Faction with some seeming trouble in his countenance told one of the Secretaries of State that many took the liberty abroad to discourse too boldly of the Death of King James and that he would send one to him a Clergy man who could give him a particular information of it the same night the man came to him who told him that there was a Papist who lived about London or in the nearest part of Surrey who reported that he could prove that King James was poysoned the Secretary required the Informer to attend him at an houre the next day and early in the morning assembled the Privy Councell acquainted them with the Information and the Informer and desired their Lordships advice and opinions what should be done upon it the most of them were very shy in the matter and he who had first spoken of it and sent the Informer seemed wonderfully troubled that it was Communicated so publickly by which it was evident he had in the intimation some Designe either upon that Honourable Person or his Master of which he hoped to have made another use The Secretary immediately after he had received the intelligence sent an Expresse to His Majesty with the account and that he intended forthwith to impart it to the Councell since it was no hard matter to guesse what was meant by those who were privy to it and therefore desired His further pleasure upon it and finding the swaying part of the Councell at that time unwilling to meddle in it he expected the King's Command and in the mean time only sent a Warrant to apprehend that Papist which could not be done without the diligence and advice of the Informer who only knew where he was and whom he required to assist The same or the next day the King returned His positive and expresse Command That the Lords of His Councell should use all possible Industry and diligence in the examination and leave no way unattempted for the full discovery which Command was immediately delivered by the Secretary to their Lordships who thereupon gave some directions but those Lords who desired to conceale them knowing onely who the Authors were though a formall Order was given for the enquiry no further discovery was made or any avowed Discourse of it till this Declaration It being then said privately amongst themselves that the time was not yet come that they might make use of that matter This is too much to be said upon the occasion of this most impossible Calumny and Scandall which hath never nor can make impression upon any sober honest understanding except to beget a horrour against the Contrivers of it And all true English hearts will so far resent it as to expresse a detestation of the Authours who being drunk with the bloud they have spilt and confounded with the sense of their own wickednesse have by this last impotent Act declared that they are at the bottome of their malice and that by the just judgment of God their wits are as near an end as their Allegiance and that they have no other stock left but of despaire and madnesse to carry them through their impious undertakings 4. The next reproach is the businesse of Rochel and that His Majesty let divers of the Navy Royall and other Merchant Ships to be imployed against those whom he was engaged to have assisted and the King's Letter to Captain Penington which they say they can shew under his own hand and that hereby Rochel was betrayed Though the age quality and education of most of those who consented to this Declaration will not admit a Supposition that they knew much of the transaction of this matter yet there are some amongst them who might well have remembred that there was only one Ship of the Navy Royall the Vantguard lent by His Majesty to the French King and that the same was returned long before Rochel was besieged and neer if not full two years before it was rendered and therefore it would not be very easie to prove that it was lost much lesse betrayed by that Action or that the Ships were imployed against those whom His Majesty was engaged to have assisted But because much unskilfull discourse hath been of this Argument to the prejudice of the King and many wel-meaning people have been too credulous in it without considering that Actions of that nature between great Princes are grounded upon deep reasons of State above the apprehension of vulgar understandings and that the King upon this new alliance having at the same time a Warre with Spaine had great reason to gratifie France in all
guilty of Treason by that act of his within the expresse words of the 2 Chapter of the 25 yeare of King Edw. 3. but by declaring that by leavying war against our Lord the King in his Realme which in that Statute is declared to be high Treason is meant leavying war against the Parliament and yet Mr. St. Iohn observed in his Argument against the Earle of Strafford printed by Order that the word KING in that Statute must be understood of the King 's naturall person for that person can onely die have a Wife have a Son and be imprisoned The Lord chief Justice Coke in his Commentary upon that Statute saith If any leavy War to expulse Strangers to deliver men out of Prisons to remove Counsellours or against any Statute or to any other end pretending Reformation of their own head without any warrant this is leavying war against the King because they take upon them Royall authority which is against the King and that there may be no scruple by that expression without warrant the same Author saies in the same place and but few lines preceding that no Subject can leavy War within the Realm without authority from the King for to him it only belongeth Preparation by some overt act to depose the King or to take the King by force and strong hand and to imprison Him untill he hath yeilded to certain demands this is a sufficient overt act to prove the compassing and imagination of the death of the King for this is upon the matter to make the King a Subject and to disspoyle Him of His Kingly Office of Royall government as is concluded by the same reverend Authour and likewise that to rise to alter Religion established within the Kingdome or Lawes is Treason These Declarers cannot name one person proclaimed a Rebell or Traytor by the King who was not confessedly guilty of at least one of these particulars and being so the King did no more then by the Law He ought to doe and Mr. St. Johns acknowledged in his Argument against the Earle of Strafford that he that leavies War against the Person of the King doth necessarily compasse His death and likewise that it is a War against the King when intended for the alteration of the Lawes or Government in any part of them or to destroy any of the great Officers of the Kingdome For the setting up the Standard it was not till those persons who bearing an inward hatred and malice against his Majesties Person and Government had raised an Army and were then trayterously and rebelliously marching in battle-array against his Majesty their Liege Lord and Soveraigne as appears by his Majesties Proclamation of the 12 of August 1642. in which He declared His purpose to erect His royall Standard and after they had with an Army besieged his Majesties antient standing Garrison of Portsmouth and required the same in which the King's Governour was to be delivered to the Parliament and after they had sent an Army of Horse Foot and Cannon under the command of the Earle of Bedford into the West to apprehend the Marquesse of Hertford who was there in a peaceable manner without any Force till he was compelled to raise the same for his defence and to preserve the peace of those Counties invaded by an Army and then when his Majesty was compelled for those reasons to erect his Standard with what tendernesse He did it towards the two Houses of Parliament cannot better appear then by His owne words in his Declaration published the same day on which that Proclamation issued out which are these What Our opinion and resolution is concerning Parliaments We have fully expressed in our Declarations We have said and will still say they are so essentiall a part of the constitution of this Kingdome that We can attaine to no happinesse without them nor will We ever make the least attempt in Our thought against them We well know that Our self and Our two Houses make up the Parliament and that We are like Hipocrates Twins We must laugh and cry live and die together that no man can be a friend to the one and an enemy to the other the injustice injury and violence offered to Parliaments is that which We principally complaine of and We again assure all Our good Subjects in the presence of Almighty God that all the Acts passed by Us this Parliament shall be equally observed by Us as We desire those to be which do most concern Our Rights Our quarrell is not against the Parliament but against particular men who first made the wounds and will not suffer them to be healed but make them deeper and wider by contriving fostering and fomenting mistakes and jealousies betwixt body and head Us and the two Houses whom We name and are ready to prove them guilty of High Treason c. And then his Majesty names the persons This was the King's carriage towards and mention of the Parliament very different from theirs who are now possessed of the Soveraigne power the Army who in their Remonstrance of the 23 of June last use these words We are in this case forced to our great grief of heart thus plainly to assert the present evill and mischief together with the future worse consequences of the things lately done even in the Parliament it self which are too evident and visible to all and so in their proper colours to lay the same at the Parliament Dores untill the Parliament shall be pleased either of themselves to take notice and rid the House of those who have any way mis-informed deluded surprized or otherwise abused the Parliament to the passing such foule things there or shall open to us and others some way how we may c. which would not have been mentioned here if they had been onely the extravagant act and words of the Army but they are since justified and made the words of the two Houses by their declaring in their late Declaration of the 4 of March in Answer to the Papers of the Scots Commissioners That if there be any unsound principles in relation to Religion or the State in some of the Army as in such a body there usually are some extravagant humours they are very injuriously charged upon the whole Army whereof the governing part hath been very carefull to suppresse and keep down all such peccant humours and have hitherto alwaies approved themselves very constant and faithfull to the true interest of both Kingdomes and the cause wherein they have engaged and the persons that have engaged therein so that this Remonstrance being the Act of the Generall Lieutenant-Generall and the whole Councell of War which is sure the governing part it is by this Declaration fully vindicated to be the Sense of the two Houses 22. The setting up a mock Parliament at Oxford to oppose and protest against the Parliament of England which his Majesty and both Houses had continued by Act of Parliament is in the