Exact Col. p. 630. That his Majesty sometimes denyed to receive your humble Petitions for Peace We conceive you meant the Petition which you sent to the Earle of Essex at Worcester about the end of Sept. 1642. to be presented to his Majesty then at Shrewsbury upon notice whereof his Majesty declared that he was ready to receive any Petition from you only he required that none of those persons whom he had particularly accused of High Treason should by Colour of that Petition be employed to his Majesty And so we accompt this charge amongst the insufficiencies of your Declaration Concerning the Overture of a Treaty at Windsor and his Majesties advance to Brainford We finde that when you sent your Messenger about this overture to the King at Colebrook the Earle of Essex being returned to London drew a great part of his forces and the London Trained Bands towards his Majesty sending others by the way of Acton on the one side and of Kingston on the other Wind for also being then Garrisoned by you so that if his Majesty had remained at Colebrook he would have been invironed by your forces Whereupon he resolved suddainly to fall upon the body at Brainford and having defeated them he made his way over Kingston and so retreated to Reading Nor was there any Cessation mentioned by your Messenger who brought that Overture to his Majesty And 't was not your feare for London or the slaughter at Brainford but the Kings escape that so much troubled you Concerning the bloudy Massacre in London by vertue of the Kings Commission Wee finde that to bee no other then a Commission of Array in English which was to have been made use of upon the Kings Motion with his Army toward the City As you had your Ordinances for the Militia ready upon all occasions to be executed in the Kings Quarters Concerning the Kings Coronation Oath We find it to be this and to be administred and taken thus Exact Col. 290. At the Coronation the Sermon being done the Arch-Bishop goeth to the King and askes his willingnesse to take the Oath usually taken by his Predecessors The King sheweth himselfe willing ariseth and goeth to the Altar The Arch-Bishop administreth these Questions and the King answereth them severally The Bishop Sir will you grant and keep and by your Oath confirm to the People of England the Lawes and Customs to them granted by the Kings of England your lawfull and religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King S. Edward your Predecessor according to the Lawes of God the true Profession of the Gospell established in this Kingdome and agreeable to the Prerogative of the Kings thereof and the ancient Customs of this Realme The King I grant and promise to keep them Bishop Sir Will you keep Peace and godly Agreement entirely according to your Power both to God the holy Church the Clergy and the People King I will keep it Bishop Sir Will you to your Power cause Law Justice and discretion in Mercy and Truth to be executed in all your Judgements King I will Bishop Sir Will you grant to hold and keep the Lawes and rightfull Customs which the Commonalty of this your Kingdome have and will you defend and uphold them to the Honour of God so much as in you lyeth King I grant and promise so to do Then one of the Bishops reades this admonition to the King before the People with a loud voice Our Lord and King we beseech you to pardon and to grant and to preserve unto us and to the Churches committed to our Charge all Canonicall Priviledges and due Law and Justice and that you would protect and defend us as every good King in his Kingdomes ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon And that I will preserve and maintain to you and the Churches committed to your charge all Canonicall Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the Assistance of God as every good King in his Kingdome in right ought to protect and defend the Bishops and Churches under their Government Then the King ariseth and is led to the Communion Table where he makes a solemn Oath in the sight of all the People to observe the Premises And laying his hand upon the Book saith The Oath The things which I have before Promised I shall perform and keep So help me God and the Contents of this Book So the defence and maintenance of the Lawes Customes and Franchises of the People and Clergy and of peace and godly agreement amongst them And of Law Justice and Mercy and of the Lawes and Rightfull Customes of the Commonalty and the Preservation and Protection of the Bishops their Churches and Priviledges is the sum of the Kings Coronation Oath And is not this also the ground of his late Quarrell For why did he at first refuse to grant you the Militia but in order to his Oath Exact Col. 290. because without that Power he could not as he was bound defend the Lawes the People and the Church And why doth he refuse to passe your Bill for abolishing Bishops Deans and Chapters c. but because he is bound by his Coronation Oath to protect them And were not these the particulars first controverted between you And were there not first Bills brought into your House about them and the Bils being rejected were they not afterward revived by Tumults And these two things are they not principally insisted on in all your Propositions and Treaties And in truth you are offended with his Majesty not because he hath broke his Oath but because he will not break it And would God you were as religious observers of your Oathes so often renewed before God and the whole World 8. Ecclesias 2.17 Ezek. 16.18.19 and especially of the Oath of Supremacie wherein you protest and declare that King Charles is the onely Supreme Governour in this Realm And you promise from henceforth to beare faith and true allegiance to the Kings Highnesse his Heires and lawfull Successors and to your power to assist and defend all Jurisdiction Priviledges Preheminence and Authority granted or belonging to the Kings Highnesse his Heires and Successors and united and annexed to the Imperiall Crown And for our parts we are resolved to adhere to our Oath of Allegiance wherein we promise that from henceforth we will bear faith and true allegiance to the Kings Highnesse his Heires and lawfull Successors and him and them will defend to the utmost of our Power against all conspiracies and attempts whatsoever which shall be made against his or their Persons their Crown and Dignity Of other his Majesties Vowes and Protestations and of the pacification with the Scots c. we shall speak more conveniently hereafter
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
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
remember that by your Order the Judges of Assize gave us notice thereof At Summer Assizes 1641. and highly extolled his Majesties goodnesse in passing so many gracious Acts for us And must these grievances now after seven years redresse be objected to us against him And must the King who by your owne Law can do no wrong in these cases be prosecuted and those vile Monopolists Sir Hen. Mildmay Sir John Wollaston and M. Lawrence Whitaker and also White the Sope-boiler at Lambeth be protected and cherished by you 7. Concerning the Spanish Fleet That it was bound to Flanders with new levied Souldiers to recruit their Army there which souldiers were without Arms and without Officers as we remember the Fleet was without Powder and therefore they intended no invasion being not provided for it Concerning the torturing of our bodies by whippings slitting of noses cutting off eares c. and the Lording over our soules by Oaths Excommunications c. We find that these judgements and proceedings upon our bodies passed in due forme of Law in Courts of Justice and that the Oaths Excommunications Ceremonies and Canons were no other and no otherwise exercised then was agreeable to the Lawes and Government established But we cannot but be sensible that our sufferings in every kind have been much more during your reigne then they were in his Majesties reigne for how have you devoured our estates by Taxes Free-quarter and that Compendium of all slavery the Excize how have you destroyed our bodies by strict imprisonment and cruell starving and how have you indeavoured to damne our soules and to send us to hell by whole-sale by your illegall anti-legall disloyall Vowes Covenants and Ingagements Concerning the long intermission of Parliaments and the two Principles of Tyranny We find that the Parliament begun 3. Caroli was dissolved upon your Remonstrances See the Petition of Right 3. Carol. and we believe that thereupon followed the long intermission of Parliaments for twelve years after And that it was in the Parliament aforesaid the King avowed those Maximes or Principles that he oweth an accompt of his actions to none but God alone See the Petition of Right 3. Carol. And that the Houses of Parliament joynt or seperate have no power either to make or declare any Law which induceth us to believe that even then there was some assault made by the two Houses upon the Royall Authority which made the King to avow those principles The anti-monarchicall spirit beginning to work in that Parliament and so making the King averse from Parliaments Nor do we see how these principles are introductive of Tyranny but sure we are the contrary are destructive of Monarchy And touching the first we learn from Rom. 13.4 That the King is the Minister of God and who art thou that judgest another mans servant to his own Master he standeth or falleth Ro. 14.4 The Law also averreth that the Crown of England is in no earthly subjection but immediately Subject to God in all things touching the regality of the same Crown and to no other 16. R. 2. c. 5. And touching the second Principle the Law also tells us That it is of the Kings Regality to grant or deny such of their Petitions for that was then the usuall forme of presenting their desires as pleaseth himselfe 2. H. 5. And that 1. Jacob. 1. the two Houses craving the Royall assent to that Act confesse without it the Act cannot be compleat or perfect c. Sir Edward Cooke also in the fourth Part of his Institutes a Book printed this Parliament by your Order pa. 25. saies That there is no Act of Parliament but must have the consent of the Lords and Commons and the Royall assent of the King The same also is true concerning the declaring of Law as appeares by the 25. Edward 3. The words whereof are And because many other like cases of Treason which are not expressed in that Statute may happen in time to come it is accorded That if any other case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without any going to Judgement of the Treason till the cause be shewed and declared before the King and his Parliament whether it be judged Treason or other Felonie Which Declaration ought to be by the whole Parliament and not by the King and Lords or King and Commons or Lords and Commons Cook Instit 3. part fol. 22. Now Innovations and Novelties in Parliamentary proceedings are most dangerous and to be refused Cook 4. part Instit p. 11. Concerning Scotland the new Liturgy and Canons and the cancelling and burning the articles of Pacification We find that the Liturgie and Canons were framed and sent thither with the advice or approbation of the Lords of the Councell of that Kingdome and if they were pursued with more vehemency then ought it must be imputed to the Ministers of that Kingdome that were trusted with it And that the Articles of Pacification were cancelled and burnt by the unanimous advice of the Privy Councell here after they had been first broken by the Scots And we cannot but wonder how you should take cognizance of transactions between his Majesty and his Subjects of Scotland especially after an Act of Oblivion Concerning the calling and dissolving the short Parliament We find that this was part of the Charge against the Earl of Strafford and the Archbishop of Canterbury though declined in the prosecution of them both and the reason hereof we conceive to be that Sir Hen. Vane Senior might not be questioned by whose false information and instigation that Parliament was unhappily dissolved that the Parliament being dissolved his Majesty tooke from his Subjects by power what he could not otherwise obtaine is one of the uncertainties in your Declaration that we except against Concerning the summoning this present Parliament and his Majesties expectation of supply against the Scots and his protecting of wicked Councellors We find that the King had little reason to hope for any assistance against the Scots knowing as he did who called them in and that from the Scots themselves whilst he was at Yorke a Secretary of the Scots Lords at Newcastle telling some English taken prisoners at Newburne That their coming in had not been but by the invitation of the English And that the King excepted no man of what quality or neernesse soever unto him from a legall triall leaving unto you the Earl of Strafford the Archbishop of Canterbury all the Judges and whomsoever you would accuse in so much that you examined and committed the Queenes Confessor and examined the Ladies of her Bedchamber and your Serjeant at Armes presumed so far as to come into the Kings withdrawing Roome next unto his Bed-chamber to cite and summon persons of greatest quality and neernesse unto himselfe Concerning the Queens pious Designe c. We find that the Queenes Designe if any were was most industriously examined by you and
of those men And this we conceive to have been the sence of Mac Cart and Macquires confession by you cited And so his Majesty consented to the disbanding and sending back of that Army into Ireland which doubtlesse gave a great rise and contributed much to the Irish Rebellion But that his Majesty knew nothing of any such designe doth appeare by the confession of Macquire at his Execution who to use his own words did acquit the King upon his death and any other man in England except one and he but a private Gentleman who came by chance to the knowledge thereof from being guilty so much as of knowing it Concerning the first Clause of their Oath to beare true faith and Allegiance to King Charles We know that in all Rebellions the chiefe Authors and contrivers of them make faire pretences and specious Oaths to seduce the People to joyn with them in their undertakings And whereas they stile themselves the Kings or Queenes Army that was meerly to countenance the Rebellion if not also to raise farther jealousies between the King and you and to set you at farther odds that so upon your divisions in England they might with more ease carry on the Rebellion in Ireland Concerning the 40. Proclamations sent into Ireland Exact Col. p. 247 We find not that you ever so much as moved for any Proclamation against the Rebells but the first motion came from the Lords Justices of that Kingdome who also sent a draught of such a Proclamation as they conceived best for the suppressing of the Rebellion And whereas ordinarily the King never signes more then the first draught of a Proclamation fairly ingrossed in Parchment and by it Copies are printed and dispersed in Ireland as in England the Lords Justices and Counsell taking notice of the rumour spread amongst the Rebells that they had the Kings Authority for what they did desired that they might have 20. Proclamations sent over signed by the Kings Sign Manuall to the end that besides the Printed Copies which they would disperse according to custome they might be able to send an Origin all with the Kings hand to it to those considerable persons whom they might suspoct to be misled by that false rumour and who when they saw the Kings very hand would be without excuse if they persisted Whereupon the King signed double the number and for expedition of the service commanded them to be printed as is well known to some Lords now sitting in Parliament and then sitting with his Majesty in Counsell Concerning the Letters written to the Lord Muskery from Court We find not how it reflects upon his Majesty but that rather it is to be referred to the insufficiencies and uncertainties in your Declaration And concerning the Kings Letter to the Marq. of Ormond for giving perticular thanks to Muskery and Plunket we find it to be for the Professions of their endeavours to bring their Countrymen to moderation and obedience at that time when they were at Oxford employed by the Irish to his Majesty during the Cessation Of the delaying and detaining of the Earl of Leicester We find that the King often pressed you that he might be dispatched and sent away to Ireland and that in his Answer to your Petition of the 28. Ap. 1642. Exact Col. p. 144 it is one of the reasons of his resolution to go in person into Ireland because the Lord Lieftenant did not repaire to his command there Nor came he to his Majesty at York till three moneths after and when he had received his Majesties instructions there and took his leave with profession to go to Chester he went not according to promise but returned to the two Houses at London Two months after you commanded him to Chester where he stayed 3. weekes in Expectation of Ships to transport him and his Majesty hearing that he had neither Provision of Money nor any force to be sent with him but his own retinue the Regiments of Foot and Troopes of horse which had been raised for that service having been imployed against his Majesty at Edg-Hill and being still kept as a part of the Earle of Essex his Army considering that the Protestants there would have been much disheartned and the Rebells equally incouraged if the Lord Lievtenant had arrived in so private a manner therefore his Majesty sent for him to Oxford till he could receive better satisfaction from the two Houses concerning the preparations for that Kingdom Concerning the Commission for the Lord Brooke and the Lord Wharton We find that the Commission desired was to have been Independent upon his Majesties Lieftenant of that Kingdome and therefore his Majesty refused it Concerning Papists and others passed by the Kings speciall Warrant into Ireland named by you We find that Mr. Pym at a Conference with the Lords about the beginning of Feb. 1641. declared Exact Col. p. 69 71. 117 118. that after the Ports were shut by both Houses of Parliament divers Papists passed from hence by his Majesties especiall Warrant and headed the Rebells in Ireland whereof his Majesty having notice required him and you again and again to name any one person so passed by his Majesty and now in the head of the Rebells and you have not named any one to this day and so we must refer this to the uncertainties and unsufficiencies in your Declaration as also what followes concerning the Commanders and Officers called off from their trust against the Rebells and the supplies which the Rebells had by the E. of Antrim L. Aboine and others from the Queen And lastly concerning the peices of battery from hence desired by the Counsell of Ireland of all which no evidence or instance hath been offred unto us save only that the King commanded the two Ships under Capt. Kettleby Capt. Stradling to attend him at Newcastle having before given you notice thereof to take care for the guarding of that Coast all other his Majesties Ships besides those two being at that time at your disposall But we cannot but remember how the Earle of Leven sent Generall of the Scots into Ireland against the Rebells was called from thence to lead an Army into England against his Majesty And how many Officers both Scots and English left the service in Ireland and were employed by you here in England being necessitated thereto for the recovery of their Arreares which they could not obtain otherwise as Sir Richard Greenvile c. Concerning the Cloathes seized by his Majesties Souldiers We find that it was done about Coventry when that City stood out against his Majesty and we conceive you should have sent for a safe conduct for passing them through his Majesties Quarters Also we find that when his Majesty had taken Chester he sent over into Ireland 3000. suites of cloathes provided by you for that service although his own souldiers were in great want of them And now let all the world judge how much reason you had to beleeve the
termes from Ireland We find also that this would have been evidenced by some other of the Kings Letters to the Queen taken by you at Nasby which you have purposely concealed least they should too plainly discover the Kings detestation of that Rebellion and his rigid firmnesse to the Protestant Religion And from his Majesties avowed firmnesse to the Protestant Religion it was that the Sectaries at first joyned in arms against him and that the Popish Princes have not succoured him yea we are informed that great store of Priests and Jesuites are in your Army intruding and concealing themselves under the generall Liberty now practised in matters of Religion and combin'd with the Sectaries against the King as equall enemie to them both and if God doth not prevent it they are likely to destroy both the King and our Religion together We have heard that M. Henderson lying on his death-bed told his friends about him if they would preserve Religion they must preserve the King the admonition will serve as well for England as for Scotland The sum of your Declaration ANd now have we run through the severall particulars of your Declaration and we find that 1. You charge his Majesty with what you cannot take cognizance of as his Transactions with his Scotish Subjects and after an act of Oblivion 2. That touching the Occurrences and Transactions in England and Ireland you charge his Majesty falsly maliciously illegally unreasonably 1. Falslly that the King never made any proposall fit for you to receive That he hath not kept his Coronation Oath That he betrayed Rochell That by his two Maximes he hath laid a foundation of Tyranny That he protected evill Counsellors That after you had shut the Ports hee gave Passes to Papists to go over into Ireland who were afterward in the head of the Rebells That by his Guard he abused your Committee at York and protected Berwicke against the Posse Comitatus And that he set up a mock-Parliament at Oxford c. yea you charge his Majesty with things rejected by him when they were proposed to him as the bringing over the German Horse The bringing up the Northern Army to the City and to secure the Tower not forgetting that you suppressed Col. Gorings second examination about that businesse There are also other falsities in your Declaration as that a storme from Denmark had fallen upon Hull and the Magazine there had not the Sweds about that time invaded the King of Denmarks Dominions c. 2. Maliciously by misrepresenting his Majesties actions That the King sometimes denied to receive your humble Petitions for peace Concerning the Kings advance to Brainford Concerning his Commission and the bloody Massacre at London Concerning his giving the 5. Counties to the Irish Committee Concerning the 40. Proclamations sent into Ireland Concerning the Kings Letter to the Earle of Ormond to thank Muskerie and Plunket Concerning his Letter to the Pope Concerning the Kings going to your House when by the way we cannot forget your suppressing Captain Ashleys examination at Grocers Hall Concerning Cockrans Negotiation in Denmark concerning the Holland Fleet concerning his Majesties Protestations against bringing over Forraigne Forces against bringing up the Northern Army and against making warre against this Parliament concerning his Commission to the E. of Glamorgan c. 3. Illegally that is for what the King did according to Law as the charging the five Members with Treason the Commission of Array his proclaiming some Traytors Also we find that he had a Judgement in Law for the Ship-money the Canons Ceremonies c. were also according to Law Nor can you by your owne Law charge him with what he did upon the Certificate of his Attourney and Solicitor in case of Monopolies nor with what he did by the advice of the Privy Councell concerning Scotland dissolving the Parliament and the Cessation in Ireland 4. Vnreasonably 1. With the grievances of the Kingdome after they were remedied by severall Acts of Parliament as Ship-money Monopolies c. 2. With what his Majesty justly had satisfied as Coate and conduct money and inclosing Commons 3. With what was done by Courts of Justice as the Whipping c. 4. With what was done by King James as the Articles with Spain and France 5. With what the Queen did as her designe if there were any 6. With what the Irish Rebells say calling themselves the Kings or the Queenes Army c. 7. With what your selves are guilty of as the not prosecuting the Duke of Buckingham The long intermission of Parliaments caused by your Remonstrances The rise of the Irish Rebellion by your not suffering the Army to be transported the delaying the Earl of Leicester c. 8. For refusing your unreasonable desires concerning the Commission when he went into Scotland And the Commissions to the Lord Brooke and the Lord Wharton 9. For what the King did in Order to his necessary defence as the Guards and preparation of Armes and Ammunition at Whitehall The List of Armes and Ammunition found amongst his Majesties Papers The Vessell that arrived neer Hull with Armes and Ammunition Cockrans Negotiation in Denmark The pawning the Jewells of the Crown his Letter to Sir John Heydon for Ordnance c. His Declaration to bring in Money Plate c. His Guard at York and setting up his Standard And from these your false malicious illegall and unreasonable allegations and charge how can you conclude that his Majesty hath broken his trust with the Protestants in France Scotland Ireland and this Kingdome And that he hath endeavoured to inslave us by German Spanish French Lorraign Irish Danish and other Forraign Forces And that he hath wholly forgotten not only his duty to the Kingdome but also the care and respect he oweth to himselfe and his own family and that you will repose no more trust in him but settle the present Government without him Let our strength be the Law of Justice 2 Wisd 11 And because you iterate and reiterate his Majesties Breach of trust and your resolutions thereupon we also reiterate our faith of that point We beleeve the Kings Power to be fiduciary and the Kingly Office a great trust but that he is intrusted as he is impower'd by God and only by God 2 Wisd 2 3. S. Paul tells us Ro. 13. That there is no power but of God And that the Powers that are are ordained of God and that the chiefe Magistrate is the Minister of God Arm'd by God with the sword to execute wrath upon him that doth evill And when you can out of the holy Scriptures shew us as cleare a Derivation of Politicall Power and trust from the People we will assent to your opinions and submit to your resolutions Besides when S. Paul writ this Epistle to the Romans Nero was their Emperor And so he that resisteth Nero resisteth the Ordinance of God And they that resist shall receive to themselves damnation Now if that bloody Tyrant and Persecutor Nero
might not be resisted nor may any Emperour or Soveraign whosoever be invaded imprisoned deposed murdered and the way for security prescribed to Subjects by the Apostle is not to wrest the sword from the King but to submit and obey him Wilt thou not be afraid of the Power do that which is good and thou shalt have praise of the same v. 3. Wherefore whatsoever befalls us though we live under a Nero we must needs be subject not only for wrath but also for conscience sake v. 5. 2 Chro. 9.8 And we know no medium between subjection and Rebellion so that when we cease to be Subjects we necessarily become Rebells And in truth when of Gods Lieftenant you would make the King only the Peoples chiefe Officer your quarrell is not with the King only and the Crown but with God himselfe also the Author of politicall order Power and Government And whilst you intend to depose the King what do you but usurp upon God himselfe For he removeth Kings and setteth up Kings Dan 2.21 And do you provoke God to Jealousie are ye stronger then he 1 Cor. 10.22 And the manner whereby God promotes Kings with us is by naturall Generation and the meanes whereby he removeth them is naturall Death Nor can the Reigne of a King of England duly be determined otherwise We shall conclude as you do with a word or two concerning the Kings Family and shall cite some passages of the two Houses of Parliament 1. Jac. 1. We do upon the knees of our hearts agnize our most constant faith obedience and loyalty to your Majestie and your Royall Progeny as in this high Court of Parliament where all the whole body of the Realm and every particular Member thereof either in person or by representation upon their own free Election are by the Lawes of this Realme deemed to be personally present Again We being bounden thereunto both by the Lawes of God and Man do recognize and acknowledge and thereby expresse our unspeakable joyes that immediately upon the dissolution and decease of Elizabeth late Queen of England the imperiall Crowne of the Realm of England and of all the Kingdomes Dominions and Rights belonging to the same did by inherent birthright and lawfull and undoubted succession descend and come to your most excellent Majesty as being lineally justly and lawfully next and sole Heire of the Blood Royall of this Kealme and that by the goodnesse of God Almighty and lawfull right of descent Lastly And we most humbly and faithfully submit and oblige our selves our heires and posterities for ever untill the last drop of our bloods be spent and do beseech your Majesty to accept the same as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty and your Royall Progeny and Posterity for ever O the basenesse and vilenesse of the English Nation thus to protest to the Father yet to depose the Son and to destroy the Posterity read the 17. Ezek. 16,18,19 But that is come to passe which was fore-told by S. Paul In the last dayes perillous times shall come for men shall be lovers of their own selves covetous boasters proud blasphemers disobedient to Parents unthankefull unholy Without naturall affection truce-breakers false accusers incontinent fierce despisers of those that are good Traytors heady high minded lovers of pleasure more then lovers of God Having a forme of godlinesse but denying the power thereof from such turne away 2 Tim. 3.1 c. Finally Hos 8.2 10.2 whereas you intend to settle the present Government without more adoe we shall rather hearken to Solomons admonition then comply with your resolutions My Son fear thou the Lord and the King and meddle not with them that are given to change for their calamities shall rise suddenly and who knoweth the ruine of them both Prov. 24.21,22 FINIS
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